Collins v. Cowan
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Groix County. Action to foreclose a lien upon logs. The substance .of the complaint will appear from the opinion.
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APPEAL from the Circuit Court for St. Groix County. Action to foreclose a lien upon logs. The substance .of the complaint will appear from the opinion. The defendant Cowan demurred to the complaint on the grounds that several causes of action had been improperly united, and that it did not state facts sufficient to constitute a cause of action; and he appealed from an order overruling the demurrer. 1. The complaint does not show that either Ayers or Cowan was the owner of the logs, nor that the work was done for the owner, agent, assignee or sub-contractor, nor even that it was done with the…
1Opinion of the CourtCole, C. J.
The only question we deem of sufficient importance to require notice is that raised by the first ground of demurrer assigned by the defendant Cowan, viz., that sevei-al causes of action have been improperly united. The action is *636brought to enforce a lien upon logs for work clone upon them between the 16th clay of July, 1878, and the 29th day of May, 1879. The complaint first alleges that the plaintiff, between the 16th day of July, 1878, and the 29th day of March, 1879, at the instance and request of the defendant Ayers, performed eight months and twelve days’ work on logs marked as…
2Cases cited1 opinion
- Munger v. LenrootWisconsin Supreme Court · 1873
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