Johnson v. Filkington
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Mikocmlcee County. Action for materials alleged to have been furnished and labor performed to tbe value of $26.60, pursuant to a contract, in tbe construction of a dwelling bouse for tbe plaintiff, viz., in erecting on said dwelling bouse a lightning rod.
Read the full summary
APPEAL from tbe Circuit Court for Mikocmlcee County. Action for materials alleged to have been furnished and labor performed to tbe value of $26.60, pursuant to a contract, in tbe construction of a dwelling bouse for tbe plaintiff, viz., in erecting on said dwelling bouse a lightning rod. Tbe complaint sets forth a petition for a lien on said dwelling bouse, etc., to tbe amount of said demand, alleged to have been filed in tbe proper clerk’s office within tbe time prescribed by statute; and it demands judgment in tbe form usual in actions to enforce such liens. Tbe answer was, in substance,…
1Opinion of the CourtCole, J.
It seems to us the question whether the petition offered in evidence was sufficient to establish a lien, or not, becomes immaterial in view of the verdict and of the undisputed facts in the case. The jury found, under the direction of the court, that the defendant neither accepted the rod after it was put up on the house, nor made any promise to pay for it. ISTo lien could, therefore, be claimed on the ground that the defendant had accepted the rod and had agreed to pay for it. The court also instructed the jury, in substance, that it was an admitted fact in the case that the defendant sent…
2Cases cited1 opinion
- Methodist Episcopal Church of Sun Prairie v. ShermanWisconsin Supreme Court · 1874
3Cited by8 opinions
- McKindly v. DunhamWisconsin Supreme Court · 1882
- Gould v. Cates Chair Co.Supreme Court of Alabama · 1906
- Helmholz v. GreeneWisconsin Supreme Court · 1921
- National Cash Register Co. v. PfisterSouth Dakota Supreme Court · 1894
- Cram v. LongWisconsin Supreme Court · 1913
3 more not listed; retrieve them via the Exa API.