Babka v. Eldred

Decided August 15, 1879

Wisconsin Supreme Court · decided 1879-08-15

This action was brought before a justice of the peace, to enforce a laborer’s lien upon a quantity of lath. Held: as conclusions of law, that the plaintiff was entitled to a personal judgment against Wirt for the above sum, and was also entitled to have the same adjudged a lien.upon the lath; and judgment was entered accordingly. The defendants Eldred appealed from the judgment. .

Good law ✅— No negative treatment on recordhow we know

Decided 1879-08-15

How this case has been cited

Cited by 4 later decisions — most recently April 2012

4 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.

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¶1The following opinion was filed on a motion for a rehearing:

LyoN, J".

¶2A motion for a rehearing of the cause has been made on behalf of the appellants, based upon a doubt of their counsel as to whether the opinion leaves the question of the validity of the act of 1862 open for future adjudication.

¶3In denying the motion it is only necessary to say that the *193opinion, and the judgment of reversal to he entered pursuant thereto, do not determine that question, but the same is open for argument and adjudication whenever it arises in this court.

¶4By the Court. — Motion denied, with twenty-five dollars costs.