Legal Opinion

Schmidt v. Gilson

Wisconsin Supreme Court

Decided December 11, 1861PublishedCited by 8 opinions

APPEAL from tbe Circuit Court for Monroe County. Action to enforce a mechanic's lien. The complaint stated, among other things, that the defendant was indebted to the plaintiff in'the sum of $300, with interest, for work done in the construction of a grist mill for the defendant, on the northwest quarter of the southeast quarter of Sec. 7, T. 17, E. 1W., &c., for which, oh the 22d of December, 1858, (being the day when said work was completed) the defendant gave the…

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APPEAL from tbe Circuit Court for Monroe County. Action to enforce a mechanic's lien. The complaint stated, among other things, that the defendant was indebted to the plaintiff in'the sum of $300, with interest, for work done in the construction of a grist mill for the defendant, on the northwest quarter of the southeast quarter of Sec. 7, T. 17, E. 1W., &c., for which, oh the 22d of December, 1858, (being the day when said work was completed) the defendant gave the plaintiff two notes for $150 each, payable respectively, March 1, and September 1, 1859, with interest at 12 per cent.; and that…

1Opinion of the Court

By the Court,

Cole, J.

This action was brought by the respondent to enforce a mechanic’s lien upon a grist mill and *516certain lands in Monroe county. The complaint shows that after the work was completed the parties settled, and the appellant gave his two promissory notes for the amount found due the respondent, bearing interest at the rate of 12 per cent, per annum, but both of which notes became due before the time for enforcing the lien expired.

The judgment was by default, and adjudged that the lands and premises described and set forth in the complaint and the lien therein, be sold on…

2Cases cited2 opinions

  1. Bailey v. HullWisconsin Supreme Court · 1860
  2. Dewey v. FifieldWisconsin Supreme Court · 1853

3Cited by8 opinions

  1. Cushwa v. Improvement L. & B. Ass'nWest Virginia Supreme Court · 1898
  2. City of Eau Claire v. Eau Claire Water Co.Wisconsin Supreme Court · 1909
  3. Edleman v. KiddWisconsin Supreme Court · 1885
  4. Flenniken v. LiscoeSupreme Court of Minnesota · 1896
  5. Appeal of Milwaukee Dry Dock Co.Court of Appeals for the Seventh Circuit · 1895

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