Shaw v. Allen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. On the 25th of February, 1865, the plaintiffs filed their petition for a lien, for the price of certain labor and materials upon a certain mill and the interest of one Fisk in the land on which it was situate.
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APPEAL from the Circuit Court for Chippewa County. On the 25th of February, 1865, the plaintiffs filed their petition for a lien, for the price of certain labor and materials upon a certain mill and the interest of one Fisk in the land on which it was situate. The petition described with particularity the land in question, and stated that the materials and labor were furnished and performed within a certain specified period, for and at the request of Fisk, and that he had, during that period, and still had, an interest in the “real estate and mill premises” so described. In August following,…
1Opinion of the CourtCole, J.
We are really unable to see how the appellants were prejudiced by the order of the court refusing anew trial. The jury say they “agree on a verdict for the plaintiffs.” Now what judgment will such a verdict authorize % Manifestly only a judgment for the cause of action stated in the complaint. But what is that 'cause of action ? It has been assumed that it was for a’mechanic’s lien upon the interest of James D. Fisk in certain mill property. It is alleged that certain materials were furnished him by the plaintiffs, which were used by him “in the erection, construction and completion and…
2Cited by1 opinion
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