Legal Opinion

Charles Baumbach Co. v. Laube

Wisconsin Supreme Court

Decided April 12, 1898PublishedCited by 2 opinions

Appeal from a judgment of the circuit court for Green county: John R. Bennett, Circuit Judge. Action to enforce a subcontractor’s lien.

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Appeal from a judgment of the circuit court for Green county: John R. Bennett, Circuit Judge. Action to enforce a subcontractor’s lien. The complaint ■was in the usual form and stated, among other things, by appropriate allegations, that on and between October 18, 1895, and January 16, 1896, plaintiff sold and delivered to Jacob Steinman, as principal contractor, at his request, certain building material consisting of glass, and performed work for him, to the amount and value of $715.69, all in and about the construction, repairing, and erection of a building for defendant Laube, on lands…

1Opinion of the Court

The .following opinion was filed February 8, 1898:

Marshall, J.

By sec. 3315, R. S. 1878, as amended by ch. 321, Laws of 1891, a subcontractor is entitled to a lien upon condition that within sixty days after the performance of the work or labor, or furnishing of the materials, for which the lien is claimed, he gives notice in writing, to the owner of the building, or his agent, of the property to be affected by such lien, setting forth the facts required, if such owner or agent can be found in the county; and otherwise that he files such notice in the office of the clerk of the circuit court…

2Cases cited5 opinions

  1. Willer v. BergenthalWisconsin Supreme Court · 1880
  2. Will of CarrollWisconsin Supreme Court · 1880
  3. Thompson v. City of MilwaukeeWisconsin Supreme Court · 1887
  4. Bartlett v. CloughWisconsin Supreme Court · 1896
  5. Dewey v. FifieldWisconsin Supreme Court · 1853

3Cited by2 opinions

  1. Warren Webster & Co. v. Beaumont Hotel Co.Wisconsin Supreme Court · 1912
  2. Spafford v. McNallyWisconsin Supreme Court · 1907

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