Willer v. Bergenthal
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee 'County. This was an action under the statute (E. S., ch. 143) to foreclose a lien for an alleged balance due the plaintiff for materials furnished to and labor performed by him for the defendant, in the erection of a dwelling-house on certain premises described in the complaint, in the city of Milwaukee.
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APPEAL from the Circuit Court for Milwaukee 'County. This was an action under the statute (E. S., ch. 143) to foreclose a lien for an alleged balance due the plaintiff for materials furnished to and labor performed by him for the defendant, in the erection of a dwelling-house on certain premises described in the complaint, in the city of Milwaukee. The complaint is in the usual form of complaints in such actions, except that it fails to state specifically the date of furnishing the last item in the account. It alleges that the petition for a lien was filed on or about July 6, 1878, and within…
1Opinion of the Court
Lvoitfj J.
1. It was held in Marsh v. Fraser, 27 Wis., 596, that an action to enforce a lien, brought under chapter 153, E. S. 1858, was an action at law. But the late revision (chapter 143) has entirely changed the character of the action, by removing therefrom nearly every feature of a legal action, and substituting therefor all of the essential characteristics of a suit in equity. The present statute denominates the action as one to foreclose a lien (section 3321), and the procedure to *478judgment is very similar to that in an action to foreclose a mortgage. Eormerly, the creditor who first…
2Cases cited3 opinions
- Sanford v. McCreedyWisconsin Supreme Court · 1871
- Hall v. HinckleyWisconsin Supreme Court · 1873
- Marsh v. FraserWisconsin Supreme Court · 1871
3Cited by33 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Smalley v. Northwestern Terra-Cotta Co.Michigan Supreme Court · 1897
- Scott v. GoldinghorstIndiana Supreme Court · 1890
- Bentley v. DavidsonWisconsin Supreme Court · 1889
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