In re Cook
District Court, W.D. Wisconsin
This was an application by divers mechanics and others who claimed liens for their work upon and materials used in a certain store lately erected by the bankrupts, for which they had not been paid at the commencement of proceedings in bankruptcy. They went on and finished, or claimed to finish the building after the proceedings in bankruptcy were commenced.
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This was an application by divers mechanics and others who claimed liens for their work upon and materials used in a certain store lately erected by the bankrupts, for which they had not been paid at the commencement of proceedings in bankruptcy. They went on and finished, or claimed to finish the building after the proceedings in bankruptcy were commenced. They then filed their petitions, in conformity with the state law, to perfect their liens, and commenced suits against the bankrupts and the assignee in bankruptcy, to enforce them in the state courts. This court, upon the application of…
1Opinion of the Court
HOPKINS, District Judge.
I think the lien created by chapter 153 of the Revised Statutes of the state of Wisconsin, entitled, “Of the Lien of Mechanics” (Tayl. St. p. 1761), attaches from the time the building was commenced, upon which the work was done or material used. Sections 1 and 4 taken together are so clear upon that point that there seems little room for difference of opinion. The case (Dobbs v. Enearl, 4 Wis., 451) cited by counsel for assignee as establishing a contrary doctrine has, I think, been substantially overruled by the cases of Witte v. Meyer, 11 Wis., 295, and of Jessup v.…
2Cases cited6 opinions
- In re HopperNew York Court of Chancery · 1835
- Clifton v. FosterMassachusetts Supreme Judicial Court · 1869
- In re HellerNew York Court of Chancery · 1831
- Jessup v. StoneWisconsin Supreme Court · 1861
- Witte v. MeyerWisconsin Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bryant v. SmallWisconsin Supreme Court · 1874