Legal Opinion

Brown v. Edward P. Allis Co.

Wisconsin Supreme Court

Decided December 10, 1897PublishedCited by 5 opinions

Appeals from a judgment of tbe circuit court for Sauk' county: R. G. SiebeoKEk, Circuit Judge. This was au action to foreclose certain mechanics’ liens-on the premises in question, assigned to the plaintiff, and to have them, with the mortgage executed thereon to him, adjudged a first lien on the premises.

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Appeals from a judgment of tbe circuit court for Sauk' county: R. G. SiebeoKEk, Circuit Judge. This was au action to foreclose certain mechanics’ liens-on the premises in question, assigned to the plaintiff, and to have them, with the mortgage executed thereon to him, adjudged a first lien on the premises. The defendants Christian Johnson and Enos Johnson, in the spring of 1895, were the owners and in possession of lot 1,. block 11, in the city of Baraboo, Wisconsin.' They made a. contract with Graf & Netcher, builders, for the construction of a building thereon, to be used for a macaroni…

1Opinion of the CourtPinney, J.

1. The principal question in this case is whether the defendant the Edward P. Allis Company has a me•chanic’s lien on the premises described in the complaint, and, if so, its date and amount. This point determined, all other questions are free from difficulty. The only interest 'the defendant the Edward P. Allis Company asserts is under the lien it filed April 27, 1896, more than six paonths after that company had performed its written contract with the John-sons and performance of it had been accepted. The amount that thus became due to it was $2,870. This was an entire transaction. The…

2Cases cited4 opinions

  1. Secor v. . SturgisNew York Court of Appeals · 1858
  2. Zimmerman v. . ErhardNew York Court of Appeals · 1880
  3. Fish Creek Boom & Log Driving Co. v. First National Bank of AshlandWisconsin Supreme Court · 1891
  4. Berry v. TurnerWisconsin Supreme Court · 1878

3Cited by5 opinions

  1. Taylor v. Dall Lead & Zinc Co.Wisconsin Supreme Court · 1907
  2. Harvey v. HarveyWisconsin Supreme Court · 1930
  3. Booth v. VonberenSupreme Court of Connecticut · 1909
  4. Prince v. C. G. Bretting Manufacturing Co.Wisconsin Supreme Court · 1931
  5. Warnke v. BraaschWisconsin Supreme Court · 1939

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