Harbeck v. Southwell
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. This action was brought in June,. 1863, against George South-well, Jr., Daniel 0. Johnson, James S. Brown, Thomas L. Ogden and Alexander Mitchell, to enforce a lien alleged to exist in favor of the plaintiff upon a building owned by the three defendants last named, for work done and materials furnished in constructing such building by the plaintiff as sub-contractor.
Read the full summary
APPEAL from tbe Circuit Court for Milwaukee County. This action was brought in June,. 1863, against George South-well, Jr., Daniel 0. Johnson, James S. Brown, Thomas L. Ogden and Alexander Mitchell, to enforce a lien alleged to exist in favor of the plaintiff upon a building owned by the three defendants last named, for work done and materials furnished in constructing such building by the plaintiff as sub-contractor. The complaint avers that in May, 1862, one James Allen and the defendants Southwell and Johnson entered into a written contract with the other defendants above named, by which…
1Opinion of the Court
By the Court,
Cole, J.
The circuit court held, from the allegations in the complaint, that the plaintiff stood, in respect to the owners of the building, in the relation of a sub-contractor in the second degree, and was therefore not entitled to a mechanic’s lien under the statute. If he did stand in that reflation, the conclusion of law was undoubtedly correct.
The complaint alleges that the defendants, Southwell & Johnson, and one Allen, entered into a contract with the defendants Brown, Ogden and Mitchell, by which they were to construct for them a large brick building in the city of…
2Cases cited1 opinion
- Cary v. WheelerWisconsin Supreme Court · 1861
3Cited by7 opinions
- Associated Bank N.A. v. Jack W. CollierWisconsin Supreme Court · 2014
- Fruin-Bambrick Construction Co. v. JonesMissouri Court of Appeals · 1894
- McGugin v. O. R. R.West Virginia Supreme Court · 1889
- Leitch v. Central Dispensary & Emergency HospitalCourt of Appeals for the D.C. Circuit · 1895
- Associated Bank N.A. v. Jack W. CollierWisconsin Supreme Court · 2014
2 more not listed; retrieve them via the Exa API.