Ferguson v. Troop
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. Action to enforce a mechanic’s lien. The complaint alleges that the plaintiffs are carpenters and joiners and that as such they built and erected for the defendant a dwelling house at his request; that said house so erected by the plaintiffs is the defendant’s, and was built and is now situate upon the following described lands, to wit: all that part of fraction number three, in section number thirty-four, in township number…
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APPEAL from the Circuit Court for Sauk County. Action to enforce a mechanic’s lien. The complaint alleges that the plaintiffs are carpenters and joiners and that as such they built and erected for the defendant a dwelling house at his request; that said house so erected by the plaintiffs is the defendant’s, and was built and is now situate upon the following described lands, to wit: all that part of fraction number three, in section number thirty-four, in township number twelve, north of range number seven, east, in the county of Sauk and State of Wisconsin, which lies north of a line running…
1Opinion of the Court
By the Court,
Cole, J.
Notwithstanding the great number of cases cited upon the brief of the counsel for the appellant, we still think the demurrer was frivolous, and was properly so treated by the circuit court. The authorities relied on undoubtedly contain good law; but the difficulty is they are not applicable, for the reason that the complaint is not obnoxious to the objections taken to it. The objection to the complaint is, that it does not state facts sufficient to constitute a cause of action. This would certainly be a fatal defect if it were true; but it is not sustained by the…
2Cited by1 opinion
- Schneider v. Lebanon Dairy & Creamery Co.Appellate Court of Illinois · 1898