Lohman v. Peterson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. This is an action under ch. 139, Laws of 1891, to recover, “ as for a conversion,” the amount of a claim of lien which the plaintiff claims to have had upon certain railroad ties which he claims the defendants caused to be transported out of the state.
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APPEAL from the Circuit Court for Ashland County. This is an action under ch. 139, Laws of 1891, to recover, “ as for a conversion,” the amount of a claim of lien which the plaintiff claims to have had upon certain railroad ties which he claims the defendants caused to be transported out of the state. The questions which are decided arise upon a motion for a nonsuit which was denied. '■ The plaintiff’s evidence showed, in substance, that he hired an ox to one Gundersgord for the agreed price of fifty cents a day; that the time of the ox was to be paid for, whether the ox worked or not, or…
1Opinion of the CourtNewman, J.
The motion for a nonsuit presents theques•tion whether there was sufficient evidence to justify a verdict for the plaintiff. The statute on which the action is founded is ch. 139, Laws of 1891. So much as is involved in-the decision is as follows: “Sec. 1. Any person who shall do or perform any labor or services in cutting, hauling . . . any logs or timber . .• . shall have a lien •uponsuch logs, timber,lumber, cord-wood, railroad ties . . . •for the amount due or to become due for such labor or services. . . . Sec. 6. Any person who shall cause the property upon which such lien exists to be…
2Cases cited2 opinions
- Hogan v. CushingWisconsin Supreme Court · 1880
- Kelley v. KelleySupreme Judicial Court of Maine · 1885
3Cited by13 opinions
- Potter Manufacturing Co. v. A. B. Meyer & Co.Indiana Supreme Court · 1909
- Bushman Construction Company v. Air Force Academy Housing, IncorporatedCourt of Appeals for the Tenth Circuit · 1964
- Cincinnati, Richmond & Muncie Railroad v. SheraIndiana Court of Appeals · 1905
- McAuliffe v. JorgensonWisconsin Supreme Court · 1900
- Steele & Lebby v. Flynn-Sullivan Co.Court of Appeals of Kentucky (pre-1976) · 1932
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