Legal Opinion

Hausmann Bros. Manufacturing Co. v. Kempfert

Wisconsin Supreme Court

Decided June 19, 1896PublishedCited by 10 opinions

Appeal from orders of tbe circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. Action to enforce a subcontractor’s lien. Tbe facts are stated in tbe opinion. They contended, inter alia, that tbe wife during coverture cannot be barred of her dower in the lands of her husband by a decree of foreclosure against him in an action for tbe foreclosure of a mechanic’s lien, and for that reason is not a proper party to such suit.

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Appeal from orders of tbe circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. Action to enforce a subcontractor’s lien. Tbe facts are stated in tbe opinion. They contended, inter alia, that tbe wife during coverture cannot be barred of her dower in the lands of her husband by a decree of foreclosure against him in an action for tbe foreclosure of a mechanic’s lien, and for that reason is not a proper party to such suit. Johnston v. Dahlgren, 36 N, T. Supp. 806; Gone v. Gather, 23 Ill. 634; S. G. 76 Am. Dec. 711, and note; 1 Scribner, Dower (2d ed.), 631; Phillips, Mechanics’…

1Opinion of the CourtCassoday, C. J.

This action was commenced August 13, 1895. Tbe complaint alleges, in effect, that Frenz & Popp, being employed as principal contractors to erect and con*589struct certain buildings for the defendant August-Kenvpfert upon lands therein described, the plaintiff, a corporation organized, existing, and doing business under the laws of this state, and a manufacturer and dealer in sash, doors, blinds, mouldings, and other building materials, between January 16, 1895, and June 28, 1895, at the special instance and request of Frenz & Popp, did furnish, sell, and deliver to Frenz & Popp sash, doors,…

2Cases cited9 opinions

  1. Brothers v. Bank of KaukaunaWisconsin Supreme Court · 1893
  2. Godfrey v. ThorntonWisconsin Supreme Court · 1879
  3. Whitmore v. HayWisconsin Supreme Court · 1893
  4. Madigan v. WalshWisconsin Supreme Court · 1868
  5. Smith v. HeadleySupreme Court of Minnesota · 1885

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3Cited by10 opinions

  1. Huntzicker v. CrockerWisconsin Supreme Court · 1908
  2. Rowell v. RowellWisconsin Supreme Court · 1904
  3. St. Croix Timber Co. v. JosephWisconsin Supreme Court · 1910
  4. Prochnow v. Northwestern Iron Co.Wisconsin Supreme Court · 1914
  5. W. H. Pipkorn Co. v. Evangelical Lutheran St. Jacobi Society of MilwaukeeWisconsin Supreme Court · 1911

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