Glover v. Hynes Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: John- K. Paeish, Circuit Judge. This is an action to enforce a laborer’s lien upon a quantity of manufactured lumber, under ch. 139, Laws of 1891, which, among other provisions, gives a lien upon manufactured lumber to any person who has performed labor in manufacturing the same.
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Appeal from a judgment of the circuit court for Bayfield county: John- K. Paeish, Circuit Judge. This is an action to enforce a laborer’s lien upon a quantity of manufactured lumber, under ch. 139, Laws of 1891, which, among other provisions, gives a lien upon manufactured lumber to any person who has performed labor in manufacturing the same. It appears that the lumber in question was manufactured at the mill of the defendant the Hynes Lumber Company, and was the property of the remaining defendants. It further appears that the plaintiff was employed by the Hynes Lumber Company, for more…
1Opinion of the CourtWiNslow, J.
It is evident that the jury had no testimony before them from which they could determine how much of the plaintiff’s time and labor were spent in manufacturing the lumber in question. At best it could be but a mere guess. The statute gives a lien only for the labor and services performed in manufacturing the lumber. It is plainly the plaintiff’s duty to show the amount of such labor and services. Until he does so, he is in no position to demand a lien. He cannot leave it for the jury to speculate upon, without evidence. There must be a new trial.
By the Court. — Judgment reversed, and action…
2Cited by7 opinions
- Boone v. P & B LOGGING COMPANYIdaho Supreme Court · 1964
- Carpenter v. McCord Lumber Co.Wisconsin Supreme Court · 1900
- Kendall v. Hynes Lumber Co.Wisconsin Supreme Court · 1897
- De Morris v. Wilbur Lumber Co.Wisconsin Supreme Court · 1898
- McGeorge v. Stanton-De Long Lumber Co.Wisconsin Supreme Court · 1907
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