Fitzgerald v. Walsh
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. II. Johesoit, Circuit Judge. Action to enforce a claim for a lien for architect’s services under the statutes in relation to the liens of mechanics- and others. The complaint was in the usual form, except that it stated that the plaintiff’s services were performed in making plans and specifications for a building to be erected,, without the usual allegations showing actual work upon the building.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: D. II. Johesoit, Circuit Judge. Action to enforce a claim for a lien for architect’s services under the statutes in relation to the liens of mechanics- and others. The complaint was in the usual form, except that it stated that the plaintiff’s services were performed in making plans and specifications for a building to be erected,, without the usual allegations showing actual work upon the building. Defendant answered, putting in issue, in the main, all the material allegations of the complaint. The controverted facts on the…
1Opinion of the CourtMaeshall, J.
Three questions are presented for consideration on this appeal: (1) What was the indebtedness of defendant to plaintiff for the work rendered by the latter, mentioned in the complaint? (2) Is an architect entitled to a lien, under sec. 3314, Stats. 1898, for compensation for making plans, specifications, and estimates for a contemplated building upon the land of another, if the construction of the building, pursuant to such plans, be commenced, though the use ■of them be abandoned before anything is done except a part ■of the excavating for the basement ? (3) Was the construction of the…
2Cases cited13 opinions
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
- Brooks v. LesterCourt of Appeals of Maryland · 1872
- Scott v. GoldinghorstIndiana Supreme Court · 1890
- Kansas Mortgage Co. v. WeyerhaeuserSupreme Court of Kansas · 1892
- Vilas v. McDonough Manufacturing Co.Wisconsin Supreme Court · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Lamoreaux v. AnderschSupreme Court of Minnesota · 1915
- Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
- Nolte v. SmithCalifornia Court of Appeal · 1961
- Mortgage Associates, Inc. v. Monona Shores, Inc.Wisconsin Supreme Court · 1970
- Goebel v. National Exchangors, Inc.Wisconsin Supreme Court · 1979
18 more not listed; retrieve them via the Exa API.