J. B. Alfree Manufacturing Co. v. Henry
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: N. S. Gilson, Circuit Judge. This was an action to foreclose a lien of the plaintiff company, as mill builder and mill furnisher, against the defendants J. II. Beysen, Sr., and J. H. Beysen, Jr., copartners-under the firm name of J. II.
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Appeal from a judgment of the circuit court for Sheboy-gan county: N. S. Gilson, Circuit Judge. This was an action to foreclose a lien of the plaintiff company, as mill builder and mill furnisher, against the defendants J. II. Beysen, Sr., and J. H. Beysen, Jr., copartners-under the firm name of J. II. Beysen & Son, and A. E'. Henry, the appellant, who was the owner in fee of the real estate affected, which consisted of a mill site on two lots in block 26, in Sheboygan Palls, Wisconsin, with the mill privileges and water power appurtenant thereto. On the 4th of February, 1890, the defendant…
1Opinion of the CourtPistnet, J.
1. "We do not think that any of the cas'es in this court cited and relied on by plaintiff’s counsel support or justify the amendment of the claim for a lien allowed by the court. There was no allegation or hint in the claim, as filed, of an intent to assert a lien on the fee-simple interest of the defendant Henry, the landlord, upon the premises. It mentioned and referred only to the leasehold interest in the premises of J. H. Reysen & Son. It did not disclose who was the owner in fee. Four years afterwards, when the case had been tried before the referee upon the application for a *332judgment,…
2Cases cited5 opinions
- Vilas v. McDonough Manufacturing Co.Wisconsin Supreme Court · 1895
- Bentley v. AdamsWisconsin Supreme Court · 1896
- Cook v. GoodyearWisconsin Supreme Court · 1891
- Forster Lumber Co. v. AtkinsonWisconsin Supreme Court · 1896
- Fairchild v. DeanWisconsin Supreme Court · 1862
3Cited by4 opinions
- Rogers-Ruger Co. v. MurrayWisconsin Supreme Court · 1902
- Morris v. MarshDistrict Court, D. Alaska · 1906
- Rohn v. CookWisconsin Supreme Court · 1917
- Peters v. BossmanWisconsin Supreme Court · 1924