Glass v. Zachow
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sbawano county: JohN GoodlaNd, Circuit Judge. Tbis action was brought' against tbe defendants Addie •Stark and Nick Stark to foreclose a mechanic’s lien. The petition for lien was-duly filed within the time prescribed by statute.
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Appeal from a judgment of tbe circuit court for Sbawano county: JohN GoodlaNd, Circuit Judge. Tbis action was brought' against tbe defendants Addie •Stark and Nick Stark to foreclose a mechanic’s lien. The petition for lien was-duly filed within the time prescribed by statute. The labor performed was in drilling a well upon the real estate of the defendants Addie Stark and Nick Stark and furnishing materials between November 1 and, December 17, 1907, which amounted to $84. The action was commenced December 7, 1908, but the summons and complaint were not filed in the office of the'clerk of the…
1Opinion of the CourtKeewik, J.
The question involved is whether the plaintiff, by laches in failing to promptly prosecute his claim and file notice of lis pendens, waived his lien. The contention of the respondent is that, since the statute provides'that the judgment shall adjudge the amount due and direct that the interest of the owner in the premises at the .time of the commencement of the work or furnishing materials for which liens are given or which he or any person claiming under him has since acquired he sold to satisfy the amount of the lien, a special statutory lien is given, which cannot he affected or cut off by…
2Cases cited12 opinions
- Herrington v. McCollumIllinois Supreme Court · 1874
- Bensley v. Mountain Lake Water Co.California Supreme Court · 1859
- Hammond v. PaxtonMichigan Supreme Court · 1885
- Hewett v. CurrierWisconsin Supreme Court · 1885
- Abadie v. LoberoCalifornia Supreme Court · 1868
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3Cited by3 opinions
- Augustine v. Congregation of the Holy RosaryWisconsin Supreme Court · 1934
- Burnham Bros. Brick Co. v. RiesenWisconsin Supreme Court · 1925
- Collins v. StockwellCourt of Appeals of Arizona · 1983