Challoner v. Howard
Wisconsin Supreme Court
APPEAL from tlie County Court of Wwmehago County. Action to enforce a mechanic’s lien upon a grist mill and tlie land upon wbicli it is situate. The original petition lor the lien, dated April 28,1871-, stated that it was for work done and materials furnished for Ira Howard and Asaph II.
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APPEAL from tlie County Court of Wwmehago County. Action to enforce a mechanic’s lien upon a grist mill and tlie land upon wbicli it is situate. The original petition lor the lien, dated April 28,1871-, stated that it was for work done and materials furnished for Ira Howard and Asaph II. Ilow-ard/in making and repairing machinery for said mill, between July 1st and November 6, 1873; and that said Ira and Asaph II. were the owners and in possession of said mill, and the woi’k was done at their request. A paper seems to have been subsequently filed in the same office by the petitioner, dated…
1Opinion of the CourtCole, J.
More than a year had expired from the entry of judgment, when the defendant Hannah M. Howard moved, so far as she was concerned, to have the same set aside, and the motion was granted. The motion was not founded upon any affidavits whatever, nor even upon an answer showing a defense. It is a bare motion stating certain irregularities in the proceedings as grounds for setting aside the judgment. Hone of these alleged irregularities go to the jurisdiction of the court. It plainly appears that the county court had jurisdiction over the subject matter of the action, and acquired jurisdiction of…
2Cases cited2 opinions
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- Martell v. KlingmanWisconsin Supreme Court · 1960
3Cited by5 opinions
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- Fischbeck v. MielenzWisconsin Supreme Court · 1916
- Comstock v. BoyleWisconsin Supreme Court · 1908
- Rosenkrans v. KlineWisconsin Supreme Court · 1877
- Stacy v. BryantWisconsin Supreme Court · 1888