Hunt v. McDonald
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Jefferson county: B. E. Duwwiddie, Circuit Judge. This is an action to foreclose a mechanic’s lien for drilling a well. Tbe premises sought to be charged constituted tbe homestead of one James McDonald, and tbe appellant, Came M. McDonald, is bis wife.
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Appeal from an order of tbe circuit court for Jefferson county: B. E. Duwwiddie, Circuit Judge. This is an action to foreclose a mechanic’s lien for drilling a well. Tbe premises sought to be charged constituted tbe homestead of one James McDonald, and tbe appellant, Came M. McDonald, is bis wife. Tbe action was originally brought against James as sole defendant, and be answered, claiming tbat tbe contract under which tbe well was drilled was an entire contract by which tbe plaintiff agreed to obtain good water, and tbat tbe plaintiff failed to perform bis contract, and hence was not entitled…
1Opinion of the CourtWiNsnow, J.
This was an action brought to foreclose a mechanic’s lien upon a homestead for drilling and piping a well thereon under a contract with tbe husband alone. Tbe title of tbe homestead rested in tbe husband, and be was made the sole party defendant, and defended tbe action on tbe ground of failure to complete an entire contract, but was defeated after trial upon tbe merits. Tbe wife, who is tbe petitioner here, bad full opportunity to make application to be made a party before tbe trial of tbe action, but allowed tbe *84same to be tried and go to judgment, and is now endeavoring to vacate the…
2Cases cited6 opinions
- Godfrey v. ThorntonWisconsin Supreme Court · 1879
- Town v. GenschWisconsin Supreme Court · 1899
- Trustees of St. Clara Female Academy v. Northwestern National InsuranceWisconsin Supreme Court · 1899
- Hausmann Bros. Manufacturing Co. v. KempfertWisconsin Supreme Court · 1896
- Weston v. WestonWisconsin Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- School District of Ferndale v. Royal Oak Township School District No. 8Michigan Supreme Court · 1940
- Mash v. BloomWisconsin Supreme Court · 1905
- O'Malley v. MillerWisconsin Supreme Court · 1912
- Capitol Indemnity Corp. v. MorrisWisconsin Supreme Court · 1970
- Prochnow v. Northwestern Iron Co.Wisconsin Supreme Court · 1914