Huse v. Washburn
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. Action to foreclose a mechanic’s lien. The work was done in July and August, 1881, the petition for the lien was filed'September 21, 1881, and the action was commenced on the following day. The petition as originally filed described the land upon which the work was done as the southeast quarter of the northeast quarter of section 13, town 18, range 17 east, in Winnebago county.
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APPEAL from the County Court of Winnebago County. Action to foreclose a mechanic’s lien. The work was done in July and August, 1881, the petition for the lien was filed'September 21, 1881, and the action was commenced on the following day. The petition as originally filed described the land upon which the work was done as the southeast quarter of the northeast quarter of section 13, town 18, range 17 east, in Winnebago county. The issue of indebtedness was tried by a jury in June, 1882. Afterwards and before judgment the court permitted the plaintiff to amend his complaint and petition so as…
1Opinion of the CourtOetoN, J.
This suit is for the foreclosure of a mechanic’s lien for drilling a well or fountain upon the defendant’s premises. There appears to be sufficient evidence to support the verdict of the jury and tbe finding of the court upon the facts of the work and labor and’value thereof. The errors assigned will be disposed of in their order.
1. The court caused a jury to be impaneled to try the issue of indebtedness, without the demand of either party. This is a suit in equity (Willer v. Bergenthal, 50 Wis., 474), and because it is, the court may, on its own motion, submit any question of fact to a jury…
2Cases cited13 opinions
- Law v. GrantWisconsin Supreme Court · 1875
- Taylor v. CollinsWisconsin Supreme Court · 1881
- Willer v. BergenthalWisconsin Supreme Court · 1880
- Martell v. KlingmanWisconsin Supreme Court · 1960
- Will of MeurerWisconsin Supreme Court · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McKinley Creek Mining Co. v. Alaska United Mining Co.Supreme Court of the United States · 1902
- Smalley v. Northwestern Terra-Cotta Co.Michigan Supreme Court · 1897
- Warren Webster & Co. v. Beaumont Hotel Co.Wisconsin Supreme Court · 1912
- Edleman v. KiddWisconsin Supreme Court · 1885
- Crocker v. CurrierWisconsin Supreme Court · 1886
8 more not listed; retrieve them via the Exa API.