Paine v. Gill
Wisconsin Supreme Court
APPEAL from tbe County Court of Winnebago County. Paine brought an action before a justice of tbe peace, in July, 1860, to recover possession of a lot of pine logs, &c., alleged to bave been unjustly taken and detained by tbe defendant.
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APPEAL from tbe County Court of Winnebago County. Paine brought an action before a justice of tbe peace, in July, 1860, to recover possession of a lot of pine logs, &c., alleged to bave been unjustly taken and detained by tbe defendant. Tbe defense was, that one Buckstaff bad, on tbe 25tb of June, 1860, sued out an attacbment before a justice of tbe peace, to enforce a lien upon tbe logs, in wbicb case sucb proceedings were bad that tbe logs in question were, by order of tbe court, sold upon execution, for tbe satisfaction, of said lien, and were bought by said Buckstaff, who then sold them…
1Opinion of the Court
By the Court,
Cole, J.
We are of the opinion that tbe judgment in this case must be reversed. Section 12, chap. 153, R S., provided that any person performing manual labor upon any land, timber or lumber, for or on account of the owner, agent or assignee, might, by complying with the provisions of that chapter, have a lien thereon for the amount of work and labor done, and that the lien might be enforced under that statute. But as the action to enforce the lien had to be brought in the county or circuit court, the remedy was not found to be very efficacious or complete in all cases. Therefore,…
2Cited by5 opinions
- Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
- Munger v. LenrootWisconsin Supreme Court · 1873
- Paine v. WoodworthWisconsin Supreme Court · 1862
- Gross v. EidenWisconsin Supreme Court · 1881
- Winslow v. UrquhartWisconsin Supreme Court · 1878