Davis & Rankin Building & Manufacturing Co. v. Riverside Butter & Cheese Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trempealeau County. This action was brought to enforce a mechanic’s lien for a balance of $769.58, claimed to be due the plaintiff from the defendant for building and equipping a certain factory, under a contract by which the w'hole amount to be paid therefor was $4,350, and for a balance due on certain extras furnished by plaintiff to defendant.
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APPEAL from the Circuit Court for Trempealeau County. This action was brought to enforce a mechanic’s lien for a balance of $769.58, claimed to be due the plaintiff from the defendant for building and equipping a certain factory, under a contract by which the w'hole amount to be paid therefor was $4,350, and for a balance due on certain extras furnished by plaintiff to defendant. The balance claimed to be due on the original contract ivas $209.04, and for extras, etc., $560.54. The answer alleged that the plaintiff and defendant had a full, complete, and mutual settlement of all accounts,…
1Opinion of the CourtPiNney, J.
1. The objection that the'bill of exceptions had not been properly settled and returned, having been raised for the first time at the argument of the appeal on the merits, came too late. If well founded, the objection should have been raised by motion to strike out the bill. The practice has long been understood as settled that a bill of exceptions may be prepared and signed after an appeal has been taken and return made, and the bill may be transmitted to this court by supplemental return, and used on the hearing as a part of the record.
2. The objection that the printed case was not served…
2Cases cited2 opinions
- Leslie v. KeepersWisconsin Supreme Court · 1887
- Hollenback v. ShoyerWisconsin Supreme Court · 1863
3Cited by5 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- Bowe v. GageWisconsin Supreme Court · 1906
- Page v. American Family Mutual InsuranceWisconsin Supreme Court · 1969
- Whitefoot v. LeffingwellWisconsin Supreme Court · 1895
- State v. HuffmanOregon Supreme Court · 1900