Paine v. Woodworth
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Eeplevin for lumber. Answer, that the defendant took and held the lumber, as sheriff of Winnebago county, by virtue of certain writs of attachment, &c.
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APPEAL from tbe Circuit Court for Winnebago County. Eeplevin for lumber. Answer, that the defendant took and held the lumber, as sheriff of Winnebago county, by virtue of certain writs of attachment, &c. On the trial, the court found the following facts : On the 21st of December, 1859, the plaintiff, Paine, and one Millard, entered into a written agreement as follows: Millard agreed to sell Paine 600,000 feet of pine lumber in the log, and to deliver the same at the plaintiff’s saw mill in the city of Oshkosh, on or before the 1st of June, 1860; and in consideration thereof, Paine was to paj…
1Opinion of the Court
E?/ the Court,
Paine, J.
This case depends upon the same question that was decided by this court in Paine vs. Qill, 13 Wis., 561. The counsel for the appellant has criti-cised the opinion in that case, but he has failed to convince us that it is wrong. He objects particularly to the position there taken, that the workmen upon the lumber would have had a lien on it prior to the passage of sec. 12, chap. 153 of the *303Revised Statutes. He urges that the latter section provides only that the workmen might have such a lien hy ing with the requirements of that chapter; and therefore insists that they…
2Cases cited1 opinion
- Paine v. GillWisconsin Supreme Court · 1861
3Cited by7 opinions
- Hossfeldt v. DillSupreme Court of Minnesota · 1881
- Howard v. State Ex Rel. McGarrySupreme Court of Alabama · 1933
- Oshkosh Water Works Co. v. City of OshkoshWisconsin Supreme Court · 1901
- Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
- Ulrich v. McConaugheyNebraska Supreme Court · 1901
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