Kendall v. Hynes Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Bayfield county: John K. Pakish, Circuit Judge. Pursuant to a petition duly-filed,— not containing any allegation, however, of continuous work,— plaintiff brought this action under the statutes of this state, for the enforcement of a lien for labor on logs and in manufacturing such logs into lumber.
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Appeal from a judgment of the circuit court for Bayfield county: John K. Pakish, Circuit Judge. Pursuant to a petition duly-filed,— not containing any allegation, however, of continuous work,— plaintiff brought this action under the statutes of this state, for the enforcement of a lien for labor on logs and in manufacturing such logs into lumber. The period covered by the petition for the lien and the complaint was from the 1st day of October, 1894, to the 21st day of September, 1895. The complaint did not contain any allegations that the work was continuous; It properly described the logs…
1Opinion of the CourtMaRshall, J.
The sole question which requires consideration in this case is, Does the evidence support the verdict ? It is undisputed that a large part of the work done after March 20, 1895, was in driving piles and in building docks ■ and tramways for permanent use in connection with the sawmill. True, such structures were necessary to the business of manufacturing logs into lumber, but only in the sense that the sawmill was necessary; and it could not be seriously contended that work done in constructing the mill would constitute a lien upon the logs to be manufactured therein, or the lumber .there…
2Cases cited6 opinions
- Winslow v. UrquhartWisconsin Supreme Court · 1875
- Kollock v. ParcherWisconsin Supreme Court · 1881
- Hogan v. CushingWisconsin Supreme Court · 1880
- McGinley v. LaycockWisconsin Supreme Court · 1896
- Glover v. Hynes Lumber Co.Wisconsin Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
- De Morris v. Wilbur Lumber Co.Wisconsin Supreme Court · 1898
- Fifth Third Bank, National Association v. Besse Forest Products, Inc., et al.District Court, W.D. Michigan · 2026