Legal Opinion

Patten v. Northwestern Lumber Co.

Wisconsin Supreme Court

Decided December 22, 1888PublishedCited by 2 opinions

APPEAL from the Circuit Court for Taylor County. The case is stated in the opinion. They contended, inter alia, (1) that the statute under which this lien claim is to be enforced is unconstitutional and void for failure to make any sufficient provision for the protection of the owner of the logs, giving him reasonable notice of the proceedings and opportunity to be heard.

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APPEAL from the Circuit Court for Taylor County. The case is stated in the opinion. They contended, inter alia, (1) that the statute under which this lien claim is to be enforced is unconstitutional and void for failure to make any sufficient provision for the protection of the owner of the logs, giving him reasonable notice of the proceedings and opportunity to be heard. Reilly v. Stephenson, 62 Mich. 509; Jones on Liens, sec. 723. (2) The supplies in this case were furnished in Chippewa county and not in Taylor county, and therefore there is no lien, notwithstanding they were used in Taylor…

1Opinion of the CourtTayloe, J.

This action was brought by the respondent to recover for the value of certain supplies sold to'E. S. Craig, to be used by him, and which were used by him, in cutting, felling, hauling, and putting in the river a quantity of logs in the county of Taylor, in this state. In said action the logs so put in by said Craig, and in the cutting, hauling, and putting in of which said supplies were used, were attached, and the plaintiff claims a lien upon such logs for the amount of the supplies so furnished and used. The logs are properly described in the complaint. The appellant was made a defendant in…

2Cases cited3 opinions

  1. Gaty v. CaseyIllinois Supreme Court · 1853
  2. Atkins v. LittleSupreme Court of Minnesota · 1871
  3. Great Western Manufacturing Co. v. HunterNebraska Supreme Court · 1883

3Cited by2 opinions

  1. Garland v. HickeyWisconsin Supreme Court · 1889
  2. Johnson v. Iron Belt Mining Co.Wisconsin Supreme Court · 1890

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