Hassler v. Sheets
Wisconsin Supreme Court
Appeal from a judgment and order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Plaintiffs began an action of unlawful detainer in the civil, court of Milwaukee county. On the return day the defendant appeared and tendered $28 rent due and the costs of the action taxed at $1.60. 'The court made the following order: “Thereupon the court orders that this action be and the same is dismissed without costs.”
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Appeal from a judgment and order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Plaintiffs began an action of unlawful detainer in the civil, court of Milwaukee county. On the return day the defendant appeared and tendered $28 rent due and the costs of the action taxed at $1.60. 'The court made the following order: “Thereupon the court orders that this action be and the same is dismissed without costs.” Plaintiffs excepted to the ruling of the court. There was no answer, no plea accompanied the tender, and there was no trial. The plaintiffs appealed to the…
1Opinion of the CourtRosenberry, J.
While the direction of the civil court is in form an order, it is in fact and in effect a judgment, and an appeal may be taken therefrom. Spehn v. Huebschen, 83 Wis. 313, 53 N. W. 550. An order dismissing an action is to be distinguished from an order directing judgment of dismissal. Sutton v. C., St. P., M. & O. R. Co. 114 Wis. 647, 91 N. W. 121. The civil court was erroneously of the opinion that payment of the rent due and tender of the costs of action entitled the defendant to a dismissal of the action in unlawful detainer. Proceedings for unlawful detainer are prescribed by ch. 145,…
2Cases cited2 opinions
- Spehn v. HuebschenWisconsin Supreme Court · 1892
- Sutton v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1902
3Cited by1 opinion
- Plankinton Building Properties, Inc. v. Hurley-Reilly Co.Wisconsin Supreme Court · 1929