Bryant v. Small
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. • This was a mechanic’s lien proceeding under the statute. The circuit court dismissed the complaint for want of jurisdiction, because of the pendency of proceedings in bankruptcy against the owner of the building; and plaintiff appealed. The facts appear in the opinion. argued that this was purely a statutory action, and the remedy must be taken upon the terms of the statute, or not at all.
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APPEAL from the Circuit Court for Milwaukee County. • This was a mechanic’s lien proceeding under the statute. The circuit court dismissed the complaint for want of jurisdiction, because of the pendency of proceedings in bankruptcy against the owner of the building; and plaintiff appealed. The facts appear in the opinion. argued that this was purely a statutory action, and the remedy must be taken upon the terms of the statute, or not at all. Arnet v. Milwaukee Mechanics' Mut. Ins. Go., 22 Wis., 516, and cases there cited; Clifton v. Foster, 3 Bankr. R, 162; S. 0., 103 Mass., 233. The…
1Opinion of the CourtCole, J.
This action was commenced to enforce a mechanic’s lien. The complaint states that the labor was performed and the materials furnished for which the lien is sought, between the 12th of November, 1872, and the 13th of March, 1873. The petition for the lien was filed in the clerk’s office on the 2d of May, 1873, and this action was instituted within *208the time prescribed by the statute. It further appears that the owner of the building was upon his petition adjudicated a bankrupt in the district court for the eastern district of Wisconsin, on the 15th of March, 1873, and that afterwards such…
2Cases cited4 opinions
- Clifton v. FosterMassachusetts Supreme Judicial Court · 1869
- Martell v. KlingmanWisconsin Supreme Court · 1960
- Brigham v. ClaflinWisconsin Supreme Court · 1872
- In re CookDistrict Court, W.D. Wisconsin · 1871
3Cited by2 opinions
- Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
- Hayes v. ArmstrongCourt of Appeals of Maryland · 1924