Sherry v. Schraage
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The cause is thus stated by Mr. Justice Taylor: “ This action was commenced to recover of the defendant the value of a quantity of lumber sold by the plaintiff to him, and used by him in the erection of a store building on the lots described in the complaint, situate in the village of Calvary, in Pond du Lac county, and to have the amount of the value of such lumber declared a lien upon the store and lots therein…
Read the full summary
APPEAL from the Circuit Court for Fond du Lao County. The cause is thus stated by Mr. Justice Taylor: “ This action was commenced to recover of the defendant the value of a quantity of lumber sold by the plaintiff to him, and used by him in the erection of a store building on the lots described in the complaint, situate in the village of Calvary, in Pond du Lac county, and to have the amount of the value of such lumber declared a lien upon the store and lots therein described. The complaint alleged the filing of a petition for lien within the time . prescribed by law, and also alleged that in…
1Opinion of the CourtTatloe, J.
The case presents the question of the power of the court to direct an amendment of a petition for a lien, in the matter of the description of the property upon which the lien is claimed, when a mistake in such description has been made in such petition, and in a case where no rights are to be affected except those of the defendant. The court below denied the right absolutely and without qualification.
This question has been twice before this court (Brown v. La Crosse Gas Light Co., 16 Wis., 555, and McCoy v. Quick, 30 Wis., 521); but in both cases the judgment of this court went upon other…
2Cases cited3 opinions
- Martell v. KlingmanWisconsin Supreme Court · 1960
- McCoy v. QuickWisconsin Supreme Court · 1872
- Brown v. La Crosse City Gas Light & Coke Co.Wisconsin Supreme Court · 1863
3Cited by4 opinions
- Huse v. WashburnWisconsin Supreme Court · 1884
- Mark Paine Lumber Co. v. Douglas County Improvement Co.Wisconsin Supreme Court · 1896
- Kerrick v. RugglesWisconsin Supreme Court · 1890
- Stacy v. BryantWisconsin Supreme Court · 1888