Du Bay v. Uline
Wisconsin Supreme Court
ERROR TO MARATHON COUNTY COURT. The defendant in error, John L. Uline, commenced proceedings under chapter one hundred and twenty of the Eevised Statutes of Wisconsin, concerning the lien of mechanics and others, by filing his petition for a lien against the double saw mill of the plaintiff in error, in the county of Marathon, on the 29th day of March, A. D. 1852, situated on the north-east quarter of the north-east quarter of section number seven, (7,) township number…
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ERROR TO MARATHON COUNTY COURT. The defendant in error, John L. Uline, commenced proceedings under chapter one hundred and twenty of the Eevised Statutes of Wisconsin, concerning the lien of mechanics and others, by filing his petition for a lien against the double saw mill of the plaintiff in error, in the county of Marathon, on the 29th day of March, A. D. 1852, situated on the north-east quarter of the north-east quarter of section number seven, (7,) township number twenty-eight, (28,) north of range number eight, (8) east, in said county, claiming to have worked for the plaintiff in…
1Opinion of the Court
*590 By the Court,
Smith, J.
After a careful inspection of che record in this case, we are compelled to reverse the judgment of the court below.
The declaration contains one special count for work done on the mill to be paid for in specific articles, and also the common counts for work and labor, goods sold, and also the money counts. It is a matter of doubt whether the special count is good or not, but it is unnecessary to consider the point as it would be impossible to sustain the judgment even if it were good.
In the first place the record shows no issue. There is no plea to the declaration, nor…
2Cases cited1 opinion
- Dean v. WheelerWisconsin Supreme Court · 1853
3Cited by2 opinions
- Wilson v. RuddWisconsin Supreme Court · 1887
- Ex parte RenshawMissouri Court of Appeals · 1879