Battis v. Hamlin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Beplevin, for a lot of shingles. Answer: that, on etc., one Patrick McKane filed in the office of the clerk of the city of Oskosh, his petition for a lien on a certain lot of shingles (described by their mark), for $80.75, alleged to be due from E. "Watson and H. E. Garfield for labor performed in cutting the same (partly by himself and in part by others named who had assigned their claims to him); that an action was…
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APPEAL from the Circuit Court for Winnebago County. Beplevin, for a lot of shingles. Answer: that, on etc., one Patrick McKane filed in the office of the clerk of the city of Oskosh, his petition for a lien on a certain lot of shingles (described by their mark), for $80.75, alleged to be due from E. "Watson and H. E. Garfield for labor performed in cutting the same (partly by himself and in part by others named who had assigned their claims to him); that an action was brought before one Eorbes, a justice of the peace, to enforce said lien; that McKane filed with said justice the affidavit…
1Opinion of the Court
Dí-í.ON, C. J.
The words of section 8, chap. 215, Laws of *6721860, taken in tbeir ordinary grammatical sense, not only confer upon justices of tbe peace jurisdiction of every case for a lien upon or against personal property, when tbe amount in controversy does not exceed tbe sum over wbieb justices of tbe peace bave jurisdiction in other cases, but they plainly extend tbe remedy prescribed by tbat and the three succeeding sections to every such case, whether it be to enforce a lien upon “logs and timber,” especially provided for by that chapter, or for a lien upon other personal property…
2Cases cited3 opinions
- Waller v. HarrisNew York Supreme Court · 1838
- Bogert v. PhelpsWisconsin Supreme Court · 1861
- Booth v. AblemanWisconsin Supreme Court · 1865
3Cited by13 opinions
- Mellen Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1913
- Boyle v. Northwestern Mutual Relief Ass'nWisconsin Supreme Court · 1897
- Power v. KindschiWisconsin Supreme Court · 1883
- Smith v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1905
- Woodruff v. KingWisconsin Supreme Court · 1879
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