Wisconsin Statutes

Wis. Stat. § 840.04 (2026)

Possession

✓ current as of July 2026

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840.04840.04 Possession. No remedy shall be denied on the ground that the plaintiff is not in possession unless a statute specifically requires possession.

840.04 HistoryHistory: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 840.04.

Notes of Decisions

Cited in 1 case, 2012–2012 · leading case: Roundy's Inc. v. Nat'l Labor Relations Bd., 674 F.3d 638 (7th Cir. 2012).

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Roundy's Inc. v. Nat'l Labor Relations Bd., 674 F.3d 638 (7th Cir. 2012). “See Wis. Stat. § 840.04 . However, a person who does not have possession cannot bring an action under that chapter without first notifying the person with possession and alleging that the person with possession refuses to bring the action.”

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