Spafford v. McNally
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock ’county: E. E. DuNwiddie, Circuit Judge. This action was commenced January 18, 1905. Tbe complaint alleges, in effect, tbat tbe action is to foreclose a mechanic’s lien for services rendered by tbe plaintiff as a mason in tbe erection and construction of a dwelling bouse for defendant' on tbe land described under a contract made ■ and entered into by and between tbe plaintiff and defendant a short time prior to August 10,…
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Appeal from a judgment of tbe circuit court for Rock ’county: E. E. DuNwiddie, Circuit Judge. This action was commenced January 18, 1905. Tbe complaint alleges, in effect, tbat tbe action is to foreclose a mechanic’s lien for services rendered by tbe plaintiff as a mason in tbe erection and construction of a dwelling bouse for defendant' on tbe land described under a contract made ■ and entered into by and between tbe plaintiff and defendant a short time prior to August 10, 1904, wherein and whereby plaintiff was to do all tbe mason work, lay tbe cellar walls, build and erect two' chimneys,…
1Opinion of the CourtCassoday, C. J.
The right to a mechanic’s lien on real estate is given by the statutes (ch. 143, R. S. 1878 and Stats. 1898). By the Eevision of 18TS any issue of fact in *541such an action was, “on demand of either party,” triable “by a jury, whose verdict thereon” was thereby made “conclusive-as in other cases.” Sec. 3323, R. S. 1878. In the case at bar the defendant insists that he was entitled to a jury trial. In making such contention counsel seem to have overlooked the amendment whereby that section of the statutes is made to declare that “such actions shall be deemed equitable and any issue of fact…
2Cases cited5 opinions
- Siebrecht v. HoganWisconsin Supreme Court · 1898
- Andresen v. Upham Manufacturing Co.Wisconsin Supreme Court · 1904
- Mahon v. KennedyWisconsin Supreme Court · 1894
- Charles Baumbach Co. v. LaubeWisconsin Supreme Court · 1898
- Olson v. PeabodyWisconsin Supreme Court · 1904
3Cited by6 opinions
- Hanz Trucking, Inc. v. Harris Brothers Co.Wisconsin Supreme Court · 1965
- Williams v. YocumWyoming Supreme Court · 1928
- Rustles v. ChristensenWisconsin Supreme Court · 1932
- Radford v. SmithWisconsin Supreme Court · 1912
- Hanz Trucking, Inc. v. Harris Brothers Co.Wisconsin Supreme Court · 1965
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