Legal Opinion

Bentley v. Davidson

Wisconsin Supreme Court

Decided September 24, 1889PublishedCited by 25 opinions

APPEAL from the Superior Court of IliUoaulc.ee County. This action was brought under ch. 143, E. S., to foreclose a lien upon a certain building in the city of Milwaukee, and the lot upon which the same is situated, for an alleged balance due for materials furnished and labor performed in the erection of such building by the plaintiffs for the defendants, pursuant to a contract in writing entered into by the parties.

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APPEAL from the Superior Court of IliUoaulc.ee County. This action was brought under ch. 143, E. S., to foreclose a lien upon a certain building in the city of Milwaukee, and the lot upon which the same is situated, for an alleged balance due for materials furnished and labor performed in the erection of such building by the plaintiffs for the defendants, pursuant to a contract in writing entered into by the parties. No question is raised on the regularity or sufficiency of the proceedings preliminary to the action. The contract of the parties for the erection of the building contains the…

1Opinion of the CourtLyon, J.

I. The issues herein were tried by a jury on demand of the plaintiffs. This is in accordance with sec. 3323, E. S., which provides that, in actions brought under ch. 143 to foreclose liens, any issue of fact therein shall, on demand of either party, be tried by a jury, whose verdict thereon shall be conclusive as in other cases. This court has held that such verdict has the force and effect of a verdict in an an action at law. Willer v. Bergenthal, 50 Wis. 478; Moritz v. Larsen, 70 Wis. 569. It was also held in those cases that an action under ch. 143, in all its essential characteristics,…

2Cases cited7 opinions

  1. Willer v. BergenthalWisconsin Supreme Court · 1880
  2. Callanan v. JuddWisconsin Supreme Court · 1868
  3. Bonesteel v. BonesteelWisconsin Supreme Court · 1871
  4. Spruhen v. StoutWisconsin Supreme Court · 1881
  5. Truman v. McCollumWisconsin Supreme Court · 1866

2 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
  3. Thurman v. City of OmahaNebraska Supreme Court · 1902
  4. Bergren v. StaplesWisconsin Supreme Court · 1953
  5. Wendt v. VogelWisconsin Supreme Court · 1894

20 more not listed; retrieve them via the Exa API.

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