Tewksbury v. Bronson
Wisconsin Supreme Court
APPEAL from the Circuit Court for /St. Croix County. . Plaintiff is the owner of certain dams across Clam river, in Barron county, erected and maintained by him pursuant to authority conferred by chapter 154, Laws of 1874, as amended by chapter 233 of 1876. This action is to enforce a lien on a quantity of logs sluiced through such dams in 1876, for the tolls which the act authorizes the plaintiff to charge therefor.
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APPEAL from the Circuit Court for /St. Croix County. . Plaintiff is the owner of certain dams across Clam river, in Barron county, erected and maintained by him pursuant to authority conferred by chapter 154, Laws of 1874, as amended by chapter 233 of 1876. This action is to enforce a lien on a quantity of logs sluiced through such dams in 1876, for the tolls which the act authorizes the plaintiff to charge therefor. The action was originally brought against the members of the firm of T. & J. Sutton and the above named defendants. The complaint avers that logs marked with four specified marks…
1Opinion of the CourtLyojsi, J.
1. By granting the nonsuit, the learned circuit judge necessarily held that the assignment by the plaintiff of the claim for tolls destroyed the right to a lien therefor on the logs, and that such right was not restored by the reassignment of the claim to the plaintiff before the action was brought.
In Caldwell v. Lawrence, 10 Wis., 331, this court held that the right to a lien given by statute to mechanics and others is not assignable, but is a mere personal right, which CiSnnot be prosecuted by the assignee of the debt or demand for labor or materials in his own name. In that case the…
2Cases cited3 opinions
- Caldwell v. LawrenceWisconsin Supreme Court · 1860
- Marsh v. FraserWisconsin Supreme Court · 1871
- Lackner v. TurnbullWisconsin Supreme Court · 1859
3Cited by14 opinions
- Midland Railway Co. v. WilcoxIndiana Supreme Court · 1890
- Noll v. KenneallyNebraska Supreme Court · 1893
- Fleming v. GreenerIndiana Supreme Court · 1909
- O'Connor v. Current River RailroadSupreme Court of Missouri · 1892
- Glascock v. LempIndiana Court of Appeals · 1901
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