West Allis Lumber Co. v. Wiesenthal
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. Action to foreclose a subcontractor’s lien under cb. 143 (secs. 3314 — 3347»), Stats. (1898). With the proprietor-(Wiesenthal) and the principal contractor (Potter), Smdth-Blodgett Gompcmy, a corporation, was made a defendant upon the ground of its claiming a like lien.- The complaint was in the usual form.
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Appeal from a judgment of tbe circuit court for Milwaukee county: W. J. TubNeb, Circuit Judge. Action to foreclose a subcontractor’s lien under cb. 143 (secs. 3314 — 3347»), Stats. (1898). With the proprietor-(Wiesenthal) and the principal contractor (Potter), Smdth-Blodgett Gompcmy, a corporation, was made a defendant upon the ground of its claiming a like lien.- The complaint was in the usual form. The defendant lien claimant answered setting up its demand and praying for appropriate relief. The-answer was duly served upon all parties concerned. A subcontractor’s notice was served by…
1Opinion of the CourtMaeshall, J.
Tbe subcontractor’s notice to tbe proprietor did not, witb commendable fulness, comply witb the requirement of sec. 3315, Stats. (1898), as to stating tbe ■amount due from tbe principal contractor; but it did comply therewith substantially. There was no difficulty in determining therefrom and the statement, made a part of it, tbe ■exact amount claimed to be due. . That was sufficient. Such •compliance satisfied tbe statute. Hausmann Bros. Mfg. Co. v. Kempfert, 93 Wis. 587, 67 N. W. 1136; Chandler L. Co. v. Fehlau, 137 Wis. 204, 117 N. W. 1057.
Tbe learned circuit court committed fatal error in…
2Cases cited4 opinions
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Hausmann Bros. Manufacturing Co. v. KempfertWisconsin Supreme Court · 1896
- Chandler Lumber Co. v. FehlauWisconsin Supreme Court · 1908
- Schumacher v. SeegerWisconsin Supreme Court · 1886
3Cited by2 opinions
- W. H. Pipkorn Co. v. Evangelical Lutheran St. Jacobi Society of MilwaukeeWisconsin Supreme Court · 1911
- Thien v. BrandWisconsin Supreme Court · 1910