Lauer v. Bandow
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Grant County. Action against husband and wife to enforce a mechanic’s lien for the price of labor performed and materials furnished by the plaintiffs in the erection of a dwelling house on a certain lot described in the complaint. A written contract between the plaintiffs and the defendant husband for the erection of such dwelling house is set out in the complaint, and due performance by the plaintiff of such contract is therein averred.
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APPEAL from tbe Circuit Court for Grant County. Action against husband and wife to enforce a mechanic’s lien for the price of labor performed and materials furnished by the plaintiffs in the erection of a dwelling house on a certain lot described in the complaint. A written contract between the plaintiffs and the defendant husband for the erection of such dwelling house is set out in the complaint, and due performance by the plaintiff of such contract is therein averred. It is also alleged therein that a balance of the contract price is due and unpaid to the plaintiffs; that a petition for a…
1Opinion of the CourtLyon, J.
The record contains no bill of exceptions, and it must be presumed, in support of the judgment, that all the material allegations of the complaint were proved on the trial. But the presumption goes no farther. Farrell v. Drees, 41 Wis., 186. If the complaint fails to state facts showing that the lien should be enforced against the appellant, the judgment, so far as it affects her, cannot be upheld. The question to be determined is, therefore, Do the facts stated in the complaint show that the plaintiffs are entitled to a lien on the appellant’s interest in the dwelling house and the lot upon…
2Cases cited7 opinions
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Whiting v. SullivanMassachusetts Supreme Judicial Court · 1810
- Jones v. . WalkerNew York Court of Appeals · 1875
- McCoy v. QuickWisconsin Supreme Court · 1872
- Wheeler v. HallWisconsin Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Alexander v. Ala. Wes. R. R.Supreme Court of Alabama · 1912
- Pinkerton v. Le BeauSouth Dakota Supreme Court · 1893
- Edwards & McCulloch Lumber Co. v. MosherWisconsin Supreme Court · 1894
- Heath v. SollesWisconsin Supreme Court · 1888
12 more not listed; retrieve them via the Exa API.