Wheeler v. Hall
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Portage County. Action to enforce a mechanic’s lien upon certain premises described in tbe complaint, for work done by plaintiff as a machinist in tbe erection of a certain mill, and in repairing a certain other mill on said premises.
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APPEAL from tbe Circuit Court for Portage County. Action to enforce a mechanic’s lien upon certain premises described in tbe complaint, for work done by plaintiff as a machinist in tbe erection of a certain mill, and in repairing a certain other mill on said premises. The complaint alleges that the work was done for the defendants at the special instance and request of the defendant James TIall, and with the knowledge, approbation and consent of the defendant Luoy Hall, who, it is alleged, was then the owner of the legal title to such premises; that the same were in the actual occupation of…
1Opinion of the CourtLyoN, J.
I. "We think the complaint contains averments of fact which, if proved, establish the personal liability of the appellant, Lucy Hall, to the plaintiff, for his work upon the mills. The case made by the complaint is briefly this: Lucy Hall held the legal title to the premises on which stood the mills and machinery which the plaintiff assisted to erect and repair; James was in the actual occupancy of the premises; and the mills thereon were managed, run, operated and controlled by both defendants. It is not alleged that James was the exclusive occupant of the mills, and it is a fair inference…
2Cases cited1 opinion
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
3Cited by12 opinions
- Wojahn v. National Union Bank of OshkoshWisconsin Supreme Court · 1911
- Theuerkauf v. SuttonWisconsin Supreme Court · 1981
- Lauer v. BandowWisconsin Supreme Court · 1878
- Moritz v. SplittWisconsin Supreme Court · 1882
- Edwards & McCulloch Lumber Co. v. MosherWisconsin Supreme Court · 1894
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