Dobbs v. Enearl
Wisconsin Supreme Court
ERROR TO JEFFERSON OIROUIT COURT. This is an action of assumpsit, commenced by the defendant in error against the plaintiff in error, as administratrix, to enforce a mechanic’s lien, under chapter 120 of the Revised Statutes, for labor and materials furnished, during the lifetime of the intestate, in building a barn and fence upon premises occupied by said intestate during his lifetime.
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ERROR TO JEFFERSON OIROUIT COURT. This is an action of assumpsit, commenced by the defendant in error against the plaintiff in error, as administratrix, to enforce a mechanic’s lien, under chapter 120 of the Revised Statutes, for labor and materials furnished, during the lifetime of the intestate, in building a barn and fence upon premises occupied by said intestate during his lifetime. The record shows that the plaintiff’s claim of lien was filed on the 18th day of August, 1851, in which is alleged the contract for the furnishing of labor and materials for the construction of the barn and…
1Opinion of the Court
By the Court,
Smith, J.
This case is substantially like that of Dobbs vs. Green heretofore adjudicated by this court, and reported 2 Wis. Rep. 228, and of course must take the same direction, unless some sufficient reason is presented to invalidate that decision. None such has been offered, and the j udgment of the court below must be reversed.
But we have gone further, in this case, and have determined that no action lies to enforce a lien in behalf of a mechanic or material man, unless the petition for the lien is filed during the lifetime of the intestate or testator.
The lien is created by…
2Cases cited1 opinion
- Dobbs v. GreenWisconsin Supreme Court · 1853
3Cited by4 opinions
- Hall v. HinckleyWisconsin Supreme Court · 1873
- Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
- Viles v. GreenWisconsin Supreme Court · 1895
- In re CookDistrict Court, W.D. Wisconsin · 1871