4 WIS 451 - Dobbs v. Enearl

How this case has been cited

Cited by 6 later decisions — most recently May 1920

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1By the Court,

Smith, J.

¶2This case is substantially like that of Dobbs vs. Green heretofore adjudicated by this court, and reported 2 Wis. Rep. 228, and of course must take the same direction, unless some sufficient reason is presented to invalidate that decision. None such has been offered, and the j udgment of the court below must be reversed.

¶3But we have gone further, in this case, and have determined that no action lies to enforce a lien in behalf of a mechanic or material man, unless the petition for the lien is filed during the lifetime of the intestate or testator.

¶4The lien is created by the filing of the petition. Unless this is done, creditors of this class, are placed in the same condition as they would otherwise occupy, in case chapter 120 of the Revised Statutes had not been enacted. See Rev. Stat. ch. 120, also Dobbs vs. Green, 2 Wis. Rep. 228.

¶5The same fault in pleading is observable in this case, as in Dobbs vs. Oreen, before referred to.

¶6Judgment of the court'below reversed, with costs, &c.