Dean v. Wheeler
Wisconsin Supreme Court
ERROR. TO THE DANE COUHTY COURT. This was a proceeding under Chapter 120, of the Revised Statutes, to enforce a mechanic’s lien. The defendant in error filed his petition in the County Court of Dane county, alleging and claiming that he. was employed by the plaintiffs in error, to do certain work and labor in and about the erection of a building to be used as an oil mill, on lot number one, of block number two hundred and sixty-one, in the village of Madison.
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ERROR. TO THE DANE COUHTY COURT. This was a proceeding under Chapter 120, of the Revised Statutes, to enforce a mechanic’s lien. The defendant in error filed his petition in the County Court of Dane county, alleging and claiming that he. was employed by the plaintiffs in error, to do certain work and labor in and about the erection of a building to be used as an oil mill, on lot number one, of block number two hundred and sixty-one, in the village of Madison. That there was due to said petitioner, at the time of filing the lien, the sum of $148.12, and he claims the benefit of the Lien Law,…
1Opinion of the Court
By the Court,
"Whiton, C. J.
For the reasons given in the preceding case of Dewey vs. Fifield, ante, p. 73, the judgment in this case must be reversed. The declaration contains two counts, in each of which it is alleged that the plaintiffs in error, (who were the defendants below,) were indebted to the plaintiff for work and labor upon, and materials for a building, to be used as an oil mill, situated “ on lot number one, on block number two hundred and sixty-one,” of the village of Madison. There is nothing in the declaration to show that a “ claim or petition” was filed as *227provided in the…
2Cited by3 opinions
- Dusick v. GeeenWisconsin Supreme Court · 1903
- Wilson v. RuddWisconsin Supreme Court · 1887
- Du Bay v. UlineWisconsin Supreme Court · 1858