Lauer v. Bandow
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. This action was brought against Mrs. Bandow and her husband to enforce a mechanic’s lien for the price of labor performed and materials furnished by the plaintiffs in the erection of a dwelling-house on a certain lot belonging to the wife. A trial of the action resulted in a personal judgment against the defendant husband for a certain sum, and the same was adjudged a lien upon the dwelling-house and lot of the wife.
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APPEAL from the Circuit Court for Portage County. This action was brought against Mrs. Bandow and her husband to enforce a mechanic’s lien for the price of labor performed and materials furnished by the plaintiffs in the erection of a dwelling-house on a certain lot belonging to the wife. A trial of the action resulted in a personal judgment against the defendant husband for a certain sum, and the same was adjudged a lien upon the dwelling-house and lot of the wife. Mrs. Bandow appealed from the portion of the judgment affecting her property, and this court reversed the portion appealed from,…
1Opinion of the CourtLyoh, J.
The order from which this appeal was taken does not purport to set aside the personal judgment against the defendant Frederick A. Bandow. That judgment remains in full force, and the action as to him is finally determined. The order- under consideration opens the case as to the appellant, Mrs. Bandow, and allows the plaintiffs to prosecute their original claim against her alone. It seems to us that there is an insuperable obstacle to such a proceeding. The affidavits upon which the order was made, show at most that Mrs. Bandow was jointly indebted with her husband to the plaintiffs for the…
2Cases cited1 opinion
- Bowen v. HastingsWisconsin Supreme Court · 1879
3Cited by7 opinions
- Ryckman v. ManerudOregon Supreme Court · 1913
- Winner v. HoytWisconsin Supreme Court · 1887
- Almand v. HathcockSupreme Court of Georgia · 1913
- Davison v. HarmonSupreme Court of Minnesota · 1896
- Keith Bros. v. StilesWisconsin Supreme Court · 1896
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