McKenzie v. Peck
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washburn County. This action was brought to recover a balance due the plaintiff for work and labor in skidding and hauling certain logs for the defendant. The complaint alleges all the facts essential to entitle the plaintiff to a lien on the logs for such balance, pursuant to the statute in that behalf, but no such relief is demanded. The only relief prayed is a personal judgment against the defendant for the balance claimed.
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APPEAL from the Circuit Court for Washburn County. This action was brought to recover a balance due the plaintiff for work and labor in skidding and hauling certain logs for the defendant. The complaint alleges all the facts essential to entitle the plaintiff to a lien on the logs for such balance, pursuant to the statute in that behalf, but no such relief is demanded. The only relief prayed is a personal judgment against the defendant for the balance claimed. The action was commenced by the service of a summons and the complaint. Afterwards the affidavit for an attachment required by the…
1Opinion of the CourtLyon, J.
I. That portion of the judgment which makes the amount thereof a lien upon the logs skidded and hauled by the plaintiff cannot be upheld. No such relief is demanded in the complaint, and no answer has been interposed. In such case the statute is imperative that the relief cannot exceed that demanded in the complaint. It is immaterial that the complaint alleges sufficient facts to show the plaintiff entitled to a lien, had he demanded it. In the absence of such demand, and of an answer, those allegations are inoperative. R. S. sec. 2886. The case of Zwickey v. Haney, 63 Wis. 464, is identical…
2Cases cited3 opinions
- Edleman v. KiddWisconsin Supreme Court · 1885
- Zwickey v. HaneyWisconsin Supreme Court · 1885
- Morris v. PeckWisconsin Supreme Court · 1889
3Cited by5 opinions
- McAfee v. ReynoldsIndiana Supreme Court · 1891
- Geer v. HolcombWisconsin Supreme Court · 1896
- Wisconsin National Loan & Building Ass'n v. PrideWisconsin Supreme Court · 1908
- Numbers v. Union Mortgage Loan Co.Wisconsin Supreme Court · 1933
- Jahl v. LewisSupreme Court of Colorado · 1914