Legal Opinion

Kendall Manufacturing Co. v. Rundle

Wisconsin Supreme Court

Decided November 25, 1890PublishedCited by 8 opinions

APPEAL from the Circuit Court for Brown County. Action to enforce a mechanic’s lien upon the interest of the defendant Cooper in certain premises, and to have the defendants Bundle, Spmce & Go. adjudged to return to such premises certain fixtures removed by them, or pay the value thereof into court subject to any judgment that might be rendered.

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APPEAL from the Circuit Court for Brown County. Action to enforce a mechanic’s lien upon the interest of the defendant Cooper in certain premises, and to have the defendants Bundle, Spmce & Go. adjudged to return to such premises certain fixtures removed by them, or pay the value thereof into court subject to any judgment that might be rendered. The following statement of the case was prepared by Mr. Justice Cassoday : The facts are undisputed and to the effect that December 26, 1883, one Cooper leased from Mary Wirthman the premises described for the term of seven years from February 1,1884,…

1Opinion of the CourtOassoday, J.

The plaintiff’s claim for materials furnished and services rendered by it attached to and became a lien upon Cooper’s interest in the premises as soon as such materials were placed in and became affixed to the building, and the services thereon rendered, which was on and before February 25, 1884. Sec. 3314, S. & E. Ann. Stats. The plaintiff took all the steps prescribed by the statutes for the continuance of that lien. Rundle, Spence c& Go. also acquired a lien for the boiler and materials furnished by them and their services in placing the same in and upon the premises during the same…

2Cases cited5 opinions

  1. Taylor v. CollinsWisconsin Supreme Court · 1881
  2. Frankland v. MoultonWisconsin Supreme Court · 1856
  3. Smith v. WaggonerWisconsin Supreme Court · 1880
  4. Jessup v. StoneWisconsin Supreme Court · 1861
  5. Wilson v. RuddWisconsin Supreme Court · 1887

3Cited by8 opinions

  1. Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
  2. State ex rel. Gisholt Machine Co. v. NorsmanWisconsin Supreme Court · 1919
  3. Drake Lumber Co. v. Paget Mortgage Co.Oregon Supreme Court · 1954
  4. Gunderson v. SwarthoutWisconsin Supreme Court · 1899
  5. Cook v. GoodyearWisconsin Supreme Court · 1891

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