J. E. Hayner & Co. v. Eberhardt & Sudendorf
Supreme Court of Kansas
Error from McPherson District Court. Action by Eberhardt & Sudendorf, to enforce a mechanics’ lien. The opinion states the pleadings, proceedings, and the material facts. At the January Term, 1885, the court rendered certain judgments and declared the respective liens thereof. A new trial was refused defendants, J. E. Hayne>' & Co. They bring the case here.
1Opinion of the Court
Opinion by
Simpson, C.:
This action was commenced in the district court of McPherson county, on the 4th day of September, 1883, by Eberhardt & Sudendorf, to enforce a mechanics’ or material-lien for lumber furnished to S. P. Carlton and W. H. Jamison, on a contract, and used in the erection, altering and repairing of a mill building on lots 35, 37, 39, 75, 77, and 79, in the city of Lindsborg. The amount claimed was $781.82, with interest from August 23,1882. The petition alleges that the plaintiffs below were “ partners under the firm-name of Eberhardt & Sudendorf,” and a copy of the lien…
2Cases cited10 opinions
- McVay v. EnglishSupreme Court of Kansas · 1883
- Ferguson v. TuttSupreme Court of Kansas · 1871
- Mo. River, Fort Scott & Gulp Rld. v. WilsonSupreme Court of Kansas · 1872
- Reed v. ArnoldSupreme Court of Kansas · 1872
- Washington v. HobartSupreme Court of Kansas · 1876
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3Cited by2 opinions
- First National Bank v. VaughnSupreme Court of Kansas · 1915
- Parker v. BrownCourt of Appeals for the Eighth Circuit · 1898