Public-domain · open source
OpenJurist

5 Wis. 397

Shephard v. Genung

Wisconsin Supreme Court

Decided July 1, 1856

Wisconsin Supreme Court · decided 1856-07-01

This was a bill in equity brought in the Circuit Court of Jefferson county,-upon the following stated facts, viz: The defendant Genung, was possessed of a farm in said coun-1y, which he was in the habit of renting on shares, and so proposed to complainant to reffl-it to him, reserving the right to sell, the premises in the meantime. And a yerbal letting took place, under which complainant went into possession of all of said farm, except one field, then in winter wheat.

Cited by 1 later decisions — most recently November 1891

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1856-07-01

View the full empirical analysis of this case →

¶1By the Court,

Cole, J.

¶2It appears to us that the decree of the Circuit Court in this case was correct, and must be affirmed. It is too well settled to need the citation of authorities, that where a party has a complete and adequate remedy at law, a bill in equity will not lie. Such appears to be this case. If the complainant owned the wheat in controversy, there was no difficulty whatever in his recovering it'in an action of replevin, or the *399value of it in action of trover. An attempt was made to sustain the hill on the ground that it was necessary to restrain vexatious and oppressive litigation, and prevent a multiplicity of suits. And although there is an allegation in the bill that McKee had threatened to commence suits daily against the complainant if he attempted to go on and harvest the wheat, yet there is no proof in the case to sustain this allegation.

¶3The decree,, therefore, of the Circuit Court, is affirmed with costs.

/5/wis/397 · .json · Public domain