Babka v. Eldred
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. This action was brought before a justice of the peace, to enforce a laborer’s lien upon a quantity of lath.
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APPEAL from the Circuit Court for Oconto County. This action was brought before a justice of the peace, to enforce a laborer’s lien upon a quantity of lath. It is alleged in the complaint, that between August 3d and October 11th, 1877, the plaintiff performed wort for the defendant "Wirt, in manufacturing lath out of pine logs, in Oconto county, at an agreed price; that Wirt is indebted to the plaintiff for such work in the sum of $35; “ that the said logs, whereon the plaintiff performed the labor and services aforesaid, are now lying in the lumber yard of the defendants Anson and Howard…
1Opinion of the Court
Lyon, ¡T.
It is alleged in the complaint that the plaintiff manufactured logs into lath for the defendant Wirt. The finding is, that he sawed slabs out of logs for lath; and the testimony supports the finding. The question arises, whether such labor is included in the provisions of chapter 154, Laws of 1862, entitled “ An act providing for a lien for labor and services on logs and lumber in certain counties,” which act was extended to Oconto county, by chapter 100 of 1867 (Tay. Stats., 1768, § 25).
Although the word lumber is found in the title, it does not occur in the body of the act of 1862.…
2Cases cited1 opinion
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