Viles v. Green
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: R. D. Makshall, Circuit Judge. This is an action to enforce a laborer’s lien upon a quantity of logs, under secs. 8329 et seq., S. & B. Ann. Stats.
Read the full summary
Appeal from a judgment of the circuit court for Douglas county: R. D. Makshall, Circuit Judge. This is an action to enforce a laborer’s lien upon a quantity of logs, under secs. 8329 et seq., S. & B. Ann. Stats. The complaint alleges that the plaintiff made a contract April 4, 1890, with one Spaulding to drive a certain quantity of logs for a stated price, and that he began the work April 14th, and completed it June 7th, of the same year, and has not been paid therefor; that Spaulding died May 6, 1890, and that the defendant is the duly appointed and acting administrator of his estate; that…
1Opinion of the CourtWiNslow, J.
The first contention made by appellant is that there can be no lien unless the claim for lien is filed during the lifetime of the debtor. Upon this contention, reliance is placed upon the case of Hobbs v. Enearl, 4 Wis. 451. Certainly that case holds, under a very similar statute, that there is no lien unless the petition is filed daring the lifetime of the debtor. The conclusion seems to be based on the premise that “ the lien is created by the filing of the petition.” Although this case has not been directly overruled, it has been entirely discredited by the discussions in the cases of Hall…
2Cases cited6 opinions
- Howell v. HowellWisconsin Supreme Court · 1861
- Hall v. HinckleyWisconsin Supreme Court · 1873
- Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
- Morris v. PeckWisconsin Supreme Court · 1889
- Dobbs v. EnearlWisconsin Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Halsey v. Waukesha Springs Sanitarium Co.Wisconsin Supreme Court · 1905
- Jackman v. Eau Claire National BankWisconsin Supreme Court · 1905