Fish Creek Boom & Log Driving Co. v. First National Bank of Ashland
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. Action to enforce a lien upon lumber. The facts are stated in the opinion. The defendants A. Weed & Co. made no defense. The Fi/rst National Bank of Ashland intervened under the statute and answered the complaint, claiming an interest in the lumber and alleging that plaintiff’s services were completed on or before July 4, 1890, and that more than thirty days had elapsed thereafter before the filing of the claim for a lien.
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APPEAL from the Circuit Court for Ashland County. Action to enforce a lien upon lumber. The facts are stated in the opinion. The defendants A. Weed & Co. made no defense. The Fi/rst National Bank of Ashland intervened under the statute and answered the complaint, claiming an interest in the lumber and alleging that plaintiff’s services were completed on or before July 4, 1890, and that more than thirty days had elapsed thereafter before the filing of the claim for a lien. Erom a judgment in favor of the plaintiff, adjudging the amount of its claim to be a lien on the lumber, the bank appeals.…
1Opinion of the CourtCole, C. J.
This action is to enforce a lien upon lumber for rafting and booming logs. The work was performed by the plaintiff corporation in the season of 1890, under an oral agreement between it and the defendants A. Weed & Go., by which the plaintiff undertook to raft and boom all the logs which Weed & Co. had in Pish creek for an agreed price per M. feet. All the logs except four, which would make about 600 feet, were delivered prior to July 11,1890, when the plaintiff notified Weed & Co. that it had rafted and delivered their logs, and called for a statement as to the quantity put in, as it wanted…
2Cases cited2 opinions
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
- Fowler v. BailleyWisconsin Supreme Court · 1861
3Cited by5 opinions
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
- Tiborsky v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1905
- Hutchins v. BautchWisconsin Supreme Court · 1904
- Brown v. Edward P. Allis Co.Wisconsin Supreme Court · 1897
- Fifth Third Bank, National Association v. Besse Forest Products, Inc., et al.District Court, W.D. Michigan · 2026