Glover v. Hynes Lumber Co.
| Decision Date | 24 November 1896 |
| Citation | 69 N.W. 62,94 Wis. 457 |
| Parties | GLOVER v. HYNES LUMBER CO. ET AL. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Bayfield county; John K. Parish, Judge.
Action by William S. Glover against the Hynes Lumber Company and others to enforce a lien on manufactured lumber. From a judgment in favor of plaintiff, defendants appeal. Reversed.
This is an action to enforce a laborer's lien upon a quantity of manufactured lumber, under chapter 139, Laws 1891, which, among other provisions, gives a lien upon manufactured lumber to any person who has performed labor in manufacturing the same. It appears that the lumber in question was manufactured at the mill of the defendant the Hynes Lumber Company, and was the property of the remaining defendants. It further appears that the plaintiff was employed by the Hynes Lumber Company, for more than a month before the mill started, in superintending the building of an addition to the mill, and putting in the machinery; that, after the mill started, and the sawing of the lumber in question was begun, he continued to superintend the putting in of new machinery, and the making of permanent improvements to the mill, and at the same time superintended the keeping of the mill and machinery in repair when breakages occurred. The plaintiff was unable to state what share of his time was spent on the repairs, and what share upon permanent improvements, though directly asked the question, and no other witness attempted to answer the question. The court charged the jury, in substance, that the plaintiff was entitled to a lien for any sum due for general superintendence of the mill while the lumber was in course of manufacture, and for his services in superintending repairs, but not for labor performed in rebuilding the mill, or making permanent improvements thereon. Under these instructions the jury found the entire amount due the plaintiff for services was $813.84 and that of that sum $713.30 was due for labor in manufacturing the lumber in question, and was a lien thereon. Upon this verdict judgment was rendered against the Hynes Lumber Company for the full amount due the plaintiff, and adjudging a lien upon the lumber for $713.30 and costs. From the judgment of lien the defendants appealed.
Tomkins & Merrill and R. Sleight, for appellants.
Sanborn, Dufur & O'Keefe, for respondent.
WINSLOW, J. (after stating the facts).
It is evident that the jury had no testimony before them from which they could...
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Boone v. P & B Logging Co.
...but, they were not entitled to a laborer's lien, which they claimed under another provision of the statute. In Glover v. Hynes Lumber Co. (1896) 94 Wis. 457, 69 N.W. 62, plaintiff was employed for more than a month before the mill was put into operation, in superintending the building of an......
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De Morris v. Wilbur Lumber Co.
...in this action, did not affect the right to resort to such property to collect the entire debt. There is nothing in Glover v. Lumber Co., 94 Wis. 457, 69 N. W. 62, inconsistent with the foregoing. There the evidence was to the effect that a part of the labor was lienable and part not, and t......
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Carpenter v. Bayfield W. Ry. Co.
...Urquhart, 39 Wis. 260;Minton v. Lumber Co., 79 Wis. 648, 48 N. W. 857;Bradford v. Lumber Co., 80 Wis. 50, 48 N. W. 1105;Glover v. Lumber Co., 94 Wis. 457, 69 N. W. 62;Kendall v. Lumber Co., 96 Wis. 661, 71 N. W. 1039. In Young v. French and Winslow v. Urquhart it was held that a cook who, a......
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Kendall v. Hynes Lumber Co.
...to be used in manufacturing logs into lumber, and caring for the manufactured product till moved off from the mill premises. In Glover v. Lumber Co., 69 N. W. 62, we held that work done in making permanent improvements to a sawmill is not within the statute. The same rule applies to permane......