Legal Opinion

Marsh v. Fraser

Wisconsin Supreme Court

Decided January 15, 1871PublishedCited by 9 opinions

APPEAL from the Circuit Court- for Milwaukee County. argued that a suit to enforce a mechanic’s lien is either a pure chancery proceeding, and governed by the rules of. chancery practice, or partly in the nature of a suit in equity, and partly in the nature of a personal action (Clarke v. Boyle, 51 Ill. 104; Shaw v. Allen, 24 Wis. 563, 565), and in either case is not included within the provisions of ch. 402, Laws of 1864. Lackner v. Turnbull, 7 Wis. 105, was an action…

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APPEAL from the Circuit Court- for Milwaukee County. argued that a suit to enforce a mechanic’s lien is either a pure chancery proceeding, and governed by the rules of. chancery practice, or partly in the nature of a suit in equity, and partly in the nature of a personal action (Clarke v. Boyle, 51 Ill. 104; Shaw v. Allen, 24 Wis. 563, 565), and in either case is not included within the provisions of ch. 402, Laws of 1864. Lackner v. Turnbull, 7 Wis. 105, was an action commenced in the usual form to recover a debt due for work and labor done and materials furnished. This court sustained the…

1Opinion of the CourtLyon, J.

The action was brought to enforce a mechanic’s lien, pursuant to chapter 153 of the Revised Statutes; and the defendant had judgment for costs. The clerk, in adjusting the same, allowed the defendant but twenty-five dollars, exclusive of the taxable disbursements, although the taxable items of costs amounted to a larger sum. On a motion by the defendant for a re-taxation, the circuit court re-adjusted the same at twenty-five dollars, and refused to allow any amount in excess of that sum. This appeal is from the order of the circuit court re-adjusting such costs.

These costs were taxed pursuant…

2Cited by9 opinions

  1. Willer v. BergenthalWisconsin Supreme Court · 1880
  2. McCormack v. PhillipsSupreme Court Of The Territory Of Dakota · 1887
  3. Tewksbury v. BronsonWisconsin Supreme Court · 1880
  4. Hall v. HinckleyWisconsin Supreme Court · 1873
  5. Wilson v. JohnsonWisconsin Supreme Court · 1889

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