Lang v. Menasha Paper Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Gates county: JoiiN K. Palish, Circuit Judge. This action was commenced May 27, 1902, to enforce a lien for labor and materials furnished to the defendant in the excavation for, and construction of, the foundation walls and foundation for a pulp mill, between October 16, 1901, and March 1, 1902, pursuant to an express contract in writing made by tbe plaintiff and tbe secretary of tbe defendant, October 16,1901, as follows:…
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Appeal from a judgment of tbe circuit court for Gates county: JoiiN K. Palish, Circuit Judge. This action was commenced May 27, 1902, to enforce a lien for labor and materials furnished to the defendant in the excavation for, and construction of, the foundation walls and foundation for a pulp mill, between October 16, 1901, and March 1, 1902, pursuant to an express contract in writing made by tbe plaintiff and tbe secretary of tbe defendant, October 16,1901, as follows: “October 16, 1901. It is agreed between B. A. Lang and M. II. Ballou that B. A. Lang build a foundation according to plans…
1Opinion of the CourtCassoday, C. J.
It is claimed that the plaintiff is not entitled to a judgment for a lien in this action, for the reason that he failed to file his claim for a lien, as prescribed by the statute, until after the commencement of the action. Sec. 3321, Stats. 1898. That section authorizes “any person haying” filed a claim as prescribed by the previous sections to “foreclose the same by action.” Such filing of the claim is manifestly a condition precedent to the right to commence such foreclosure action. This is virtually conceded by counsel for the plaintiff. It is claimed, however, that it was so filed before…
2Cases cited8 opinions
- Bright v. Barnett & Record Co.Wisconsin Supreme Court · 1894
- Bailey v. CostelloWisconsin Supreme Court · 1896
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Goodman v. BaerlocherWisconsin Supreme Court · 1894
- Nudd v. WellsWisconsin Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Boston Old Colony Insurance v. International Rectifier Corp.Wisconsin Supreme Court · 1979
- Hamilton v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1973
- Granado v. Sentry InsuranceCourt of Appeals of Wisconsin · 1999
- Shy v. Industrial Salvage Material Co.Wisconsin Supreme Court · 1953
- Lukens Iron & Steel Co. v. Hartmann-Greiling Co.Wisconsin Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.