Jesse A. Smith Auto Co. v. Kaestner
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Lawrehce W. Halsey, Circuit Judge. Action of replevin begun in the civil court to recover possession of an electric car.
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Appeal from a judgment of the circuit court for Milwaukee county: Lawrehce W. Halsey, Circuit Judge. Action of replevin begun in the civil court to recover possession of an electric car. At the time the repairs in question were made plaintiff held a duly filed purchase-money mortgage on the car on which there was due the sum of $50. The defendant Kaestner, in whose possession the car was at. the time the sheriff seized it under the writ of replevin, had, at the request of the owner, Mary E. Avery, who by the terms of the mortgage was entitled to the use and possession of the car, made repairs…
1Opinion of the CourtViNJE, J.
Is tbe mechanic’s lien given by sec. 3343, Stats. 1915, superior to tbe lien of a duly filed prior mortgage on tbe chattel repaired ? That is tbe sole question presented by tbe appeal. Sec. 3343 provides that “Every mechanic who shall make, alter or repair any article of personal property at tbe request of tbe owner or legal possessor of such property shall have a lien thereon for bis just and reasonable charges therefor, and may retain possession of such property until such charges are paid.”
In states where only the common-law artisan’s lien obtains, or where tbe statutory lien given is…
2Cases cited7 opinions
- Watts v. SweeneyIndiana Supreme Court · 1891
- Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
- Reeves & Co. v. RussellNorth Dakota Supreme Court · 1914
- Drummond Carriage Co. v. MillsNebraska Supreme Court · 1898
- Small v. RobinsonSupreme Judicial Court of Maine · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mortgage Securities Co. v. PfaffmannCalifornia Supreme Court · 1917
- Johnson v. YatesSupreme Court of North Carolina · 1922
- First National Bank v. SilvaCalifornia Supreme Court · 1927
- West Allis Industrial Loan Co. v. StarkWisconsin Supreme Court · 1928
- Johnson v. . YatesSupreme Court of North Carolina · 1922
4 more not listed; retrieve them via the Exa API.