West Allis Industrial Loan Co. v. Stark

Stevens, J.(1) Prior to the passage of ch. 266, Laws of 1917, defendant’s lien for his entire bill for the repairs of the automobile would have been superior to plaintiff’s claim under its chattel mortgage. Jesse A. Smith Auto Co. v. Kaestner, 164 Wis. 205, 207, 159 N. W. 738.

By amending sec. 289.41 of. the Statutes in 1917 so as to provide that a mechanic’s lien shall have priority only to the extent of $75, the legislature has so defined defendant’s right to a lien for repairs, whether given by the common law or by statute, that he cannot have priority over plaintiff’s claim under its…