Marsh v. Fraser
Wisconsin Supreme Court
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
- Willer v. BergenthalWisconsin Supreme Court · 1880
- McCormack v. PhillipsSupreme Court Of The Territory Of Dakota · 1887
- Tewksbury v. BronsonWisconsin Supreme Court · 1880
- Hall v. HinckleyWisconsin Supreme Court · 1873
- Wilson v. JohnsonWisconsin Supreme Court · 1889
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