Legal Opinion

Siebrecht v. Hogan

Wisconsin Supreme Court

Decided May 3, 1898PublishedCited by 19 opinions

Appeal from a judgment of the circuit court for La Crosse county: O. B. Wymah, Circuit Judge. Action to enforce a subcontractor’s lien under ch. 143, R. S. 1878, and ch. 312, Laws of 1885, and the acts amend-atory thereof. The complaint is in the usual form.

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Appeal from a judgment of the circuit court for La Crosse county: O. B. Wymah, Circuit Judge. Action to enforce a subcontractor’s lien under ch. 143, R. S. 1878, and ch. 312, Laws of 1885, and the acts amend-atory thereof. The complaint is in the usual form. It sets forth in substance, among other things, that defendant Gross was the principal contractor and defendant Hogcm the proprietor; that the contract covered the construction of a store building and spice mill on lands described; that plaintiff, as subcontractor, furnished work, labor, and material in the construction of such store…

1Opinion of the CourtMaRshall, J.

The errors assigned and argued on this appeal, that require special mention, may be stated as, (1) granting plaintiff’s request to submit issues to the jury, though such request was not made till the close of the evidence;. (2) allowing a subcontractor’s lien for damages caused by the principal contractor’s negligence and breaches of contract, and for extra work not authorized by the principal contract;. (3) erroneous instructions in regard to the burden of proof.. Such alleged errors will be considered in their order.

1. Actions to enforce mechanics’ and materialmen’s liens, under the law of…

2Cases cited2 opinions

  1. McCrary Bros. v. Bristol Bank & Trust Co.Tennessee Supreme Court · 1896
  2. Tabor v. ArmstrongSupreme Court of Colorado · 1886

3Cited by19 opinions

  1. Seeman v. BiemannWisconsin Supreme Court · 1900
  2. Byerly v. ThorpeWisconsin Supreme Court · 1936
  3. Fehrman v. Town of Pine RiverWisconsin Supreme Court · 1903
  4. Taylor v. Dall Lead & Zinc Co.Wisconsin Supreme Court · 1907
  5. Grant v. Keystone Lumber Co.Wisconsin Supreme Court · 1903

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