64 Wis. 223 | Wis. | 1885
"Was tbe plaintiff lawfully imprisoned on tbe judgment and execution for costs in tbe unlawful de-tainer suit? His tenancy ended and was terminated March 31, 1883, by notice given in accordance with tbe stipulation contained in tbe lease under which be had up to that time held tbe possession. By tbe same notice be was required to deliver tbe possession of tbe premises to Mrs. Gla^p on that day. He held over and refused to so deliver. Of course sucb bolding over was not under the lease, for that bad been terminated, and tbe plaintiff no longer had any right under it. Sucb bolding over, therefore, was without any authority from Mrs. Glayop and contrary to tbe notice and demand made by her upon him. Sucb being tbe condition of things, did tbe statutes authorize bis removal without other or further notice? They expressly declare that “ any tenant or lessee ... for any part of a year . . . of any real property . . . may be removed therefrom . . . (1) when sucb person bolds possession after tbe expiration of tbe term by lapse of time . . . and without tbe permission of tbe landlord.” Sec. 3358, R. S. Here, upon tbe notice being given as provided by tbe express stipulation in tbe lease, tbe term expired by lapse of time, March 31, 1883, and tbe bolding over thereafter was con
This gave Mrs. Clapp the right to such judgment of restitution as the statutes authorized the justice to render in such a case. The statutes expressly declare that “ if upon the trial of cmy such action the justice . . . find the defendant . . . guilty of the allegations in the complaint, the justice shall thereupon enter judgment for the plaintiff to have restitution of the premises, and tax the costs for the plaintiff . . . against such defendant. . . . Such justice shall issue execution in favor of the plaintiff for such costs as in oilier actions in tort, and also issue a writ of restitution.” Sec. 3366, B. S. It is claimed that this section only applies to cases mentioned in sec. 3360, in which there have been an “unlawful or forcible entry a/nd” detention. But it is the only section regulating the entry of judgment under that chapter. Besides, it expressly provides that
The view we have taken of the question considered renders it unnecessary to consider the others, so thoroughly discussed by counsel, as they are each dependent upon the one already determined.
By the Court.— The judgment of the circuit court is affirmed.