Moritz v. Larsen
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. This action was brought under ch. 143, R. S., to enforce a lien upon certain premises of the defendant therein described, for an amount alleged to be due the plaintiff for labor performed and materials furnished by him in and about the erection of a building for the defendant on such premises.
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APPEAL from the County Court of Milwaukee County. This action was brought under ch. 143, R. S., to enforce a lien upon certain premises of the defendant therein described, for an amount alleged to be due the plaintiff for labor performed and materials furnished by him in and about the erection of a building for the defendant on such premises. One Hans Larsen was made a defendant to the action, but on the trial a nonsuit was ordered as to him because it appeared that he was acting as agent for the defendant in the matters out of which this action arose, and that he disclosed such agency to the…
1Opinion of the CourtLyon, J.
Several errors are alleged as grounds for a reversal of the judgment herein. These will be stated and considered in their order.
1. On motion of the defendant the jury was sent to view the premises. The judge of the court did not accompany the jury, and was not asked to do so. On authority of Fraedrich v. Flieth, 64 Wis. 184, counsel for plaintiff claims that the failure of the judge to make the view is error. True, we said in that case that “ a view by a jury called in *573an equity case to determine a question of fact should not be allowed unless the trial judge participates therein;” and it is…
2Cases cited2 opinions
- Willer v. BergenthalWisconsin Supreme Court · 1880
- Fraedrich v. FliethWisconsin Supreme Court · 1885
3Cited by8 opinions
- Bentley v. DavidsonWisconsin Supreme Court · 1889
- Manitowoc Steam Boiler Works v. Manitowoc Glue Co.Wisconsin Supreme Court · 1903
- Sherry v. MadlerWisconsin Supreme Court · 1905
- Schultz v. AndrusWisconsin Supreme Court · 1922
- Manthey v. StockWisconsin Supreme Court · 1907
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