Berry v. Turner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The case is thus stated by Mr. Justice Taylob: This action was brought to enforce a mechanic’s Ken, in favor of the plaintiffs against the defendants Turner and Morgan., who were the owners of the “Waverly House,” a hotel in the city of Appleton, for a balance due them for the value of a gas-manufacturing machine and fixtures, and labor in putting the same in position, for the purpose of furnishing gas for lighting said…
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APPEAL from the Circuit Court for Outagamie County. The case is thus stated by Mr. Justice Taylob: This action was brought to enforce a mechanic’s Ken, in favor of the plaintiffs against the defendants Turner and Morgan., who were the owners of the “Waverly House,” a hotel in the city of Appleton, for a balance due them for the value of a gas-manufacturing machine and fixtures, and labor in putting the same in position, for the purpose of furnishing gas for lighting said hotel. The evidence shows that the gas generator and fixtures were to be furnished by the plaintiffs, and be set up so as…
1Opinion of the CourtTaylor, J.
"We are of the opinion that the learned circuit judge who tried this action in the court below, was clearly right in finding that the plaintiffs had no lien for the amount of their claim, and that the judgment must be affirmed.
Sec. 4, ch. 153, E. S. 1858, as amended (under which the plaintiff's claim their lien), reads as follows: . .
“JSTo such debt for work and materials .shall remain a lien upon such lands, houses or other building or machinery,longer than one year from the time of the furnishing of materials or the performance of the labor, unless a petition or claim for the same be filed,…
2Cited by4 opinions
- Avery v. ButlerOregon Supreme Court · 1897
- Taylor v. Dall Lead & Zinc Co.Wisconsin Supreme Court · 1907
- Hutchins v. BautchWisconsin Supreme Court · 1904
- Brown v. Edward P. Allis Co.Wisconsin Supreme Court · 1897