More v. Ruggles
Wisconsin Supreme Court
EBEOR to tbe Circuit Court for Winnebago County. Buggies, as surviving partner &c., sued out a summons against the plaintiffs in error, in April, 1852, for breach of covenant, damages $800. He also filed a petition claiming a lien for that sum upon tbe saw-mill of tbe plaintiffs in error. On tbe 12tb of April, 1854, a declaration was filed in tbe action of covenant, and on tbe same day a default was entered, and an interlocutory judgment.
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EBEOR to tbe Circuit Court for Winnebago County. Buggies, as surviving partner &c., sued out a summons against the plaintiffs in error, in April, 1852, for breach of covenant, damages $800. He also filed a petition claiming a lien for that sum upon tbe saw-mill of tbe plaintiffs in error. On tbe 12tb of April, 1854, a declaration was filed in tbe action of covenant, and on tbe same day a default was entered, and an interlocutory judgment. October 17, 1854, a writ of inquiry was issued to tbe sheriff, who returned an inquisition, in which tbe plaintiff’s damages were assessed at $600, and a…
1Opinion of the Court
By the Court,
Paine, J.
The only objections urged, go to tbe sufficiency of the proceedings for the purpose of enforcing a lien. But as no judgment was rendered for a lien, we do not see bow those objections are material. The fact of such insufficiency is no reason why tbe plaintiff may not take a personal judgment, if be establishes tbe right to one.
The judgment is affirmed, with costs.
2Cited by3 opinions
- Cox v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1892
- Mark Paine Lumber Co. v. Douglas County Improvement Co.Wisconsin Supreme Court · 1896
- Smith v. GillSupreme Court of Minnesota · 1887