Legal Opinion

McGinley v. Laycock

Wisconsin Supreme Court

Decided October 13, 1896PublishedCited by 9 opinions

Appeal from a judgment of the circuit court for Pepin county: E. B. Bundy, Circuit Judge. Action to enforce a lien on lumber, under the laws of this state, for labor alleged to have been performed continuously from the 1st day of November, 1893, to the 31st day of July, 1894. The lien petition was filed on the 24th day of August, 1894. The action was commenced against Mike Drier, the employer.

Read the full summary

Appeal from a judgment of the circuit court for Pepin county: E. B. Bundy, Circuit Judge. Action to enforce a lien on lumber, under the laws of this state, for labor alleged to have been performed continuously from the 1st day of November, 1893, to the 31st day of July, 1894. The lien petition was filed on the 24th day of August, 1894. The action was commenced against Mike Drier, the employer. Thereafter the defendant Henry Laycoelc was, on application, made a defendant under sec. 3340«, S. & B. Ann. Stats. There was evidence tending to show that for more than thirty days prior to the 27th…

1Opinion of the CourtMarshall, J.

In one view of this case it turns on the construction of sec. 3331, E. S., which provides as follows: “ If the labor or services were done or performed between the first day of November and the first day of May, following, the claim for such lien shall be filed on or before the first day of June next thereafter; and if such labor or services shall have been done or performed after the first day of May and before the first day of November, or if the doing or performing of such labor or services shall be continuous from the first day of November or a day prior thereto, and to a date beyond the…

2Cases cited9 opinions

  1. Arnold and Others v. The United StatesSupreme Court of the United States · 1815
  2. Harrington v. SmithWisconsin Supreme Court · 1871
  3. State ex rel. Attorney General v. MessmoreWisconsin Supreme Court · 1861
  4. Duncan v. CobbSupreme Court of Minnesota · 1884
  5. People ex rel. Campbell v. ClarkCalifornia Supreme Court · 1851

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
  2. State v. LibermanNorth Dakota Supreme Court · 1930
  3. Kendall v. Hynes Lumber Co.Wisconsin Supreme Court · 1897
  4. Anderson v. EischenCourt of Appeals for the Ninth Circuit · 1926
  5. De Morris v. Wilbur Lumber Co.Wisconsin Supreme Court · 1898

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API