Lewis & Pickering v. C. W. Williams & Sons
Supreme Court of Minnesota
The following are the points and authorities relied upon by the Counsel for the Plaintiff in Error: First. — Two several causes of action (that is, the cause of action to enforce a mechanic’s lien against McClung, and the cause of action against Lewis & Pickering to recover the value of work and materials) have been improperly united. These causes of action are different in their nature, and neither of them, affects all of the parties Defendant to the action. Rem.
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The following are the points and authorities relied upon by the Counsel for the Plaintiff in Error: First. — Two several causes of action (that is, the cause of action to enforce a mechanic’s lien against McClung, and the cause of action against Lewis & Pickering to recover the value of work and materials) have been improperly united. These causes of action are different in their nature, and neither of them, affects all of the parties Defendant to the action. Rem. Stat., p. 337, sec. 61, sub. 5; lb., pp. 339-40, sec. 83, sub. 7; Alger vs. Scoville, 1 G. R., (N. S.,) 303; 6 Dr. R., 131; Cahoon…
1Opinion of the Court
*154 By the Cowrt
— Flandrau, J.
This is an action by subcontractors-to collect a debt for labor and materials, brought against the principal contractors, who are the Plaintiffs’ immediate employers. It is brought under Section 10 of the Mechanics' Lien Lorn of 1855, Sess. L., 1855, page 59, and the Plaintiffs have joined, as party defendant, the owner of the building upon which the labor and materials were bestowed. The complaint prays a judgment against the principal contractor for the amount of the indebtedness, and that it be decreed a lien upon the building, and for a sale of the building to…
2Cited by16 opinions
- Newton v. NewtonSupreme Court of Minnesota · 1891
- Jackson v. BadgerSupreme Court of Minnesota · 1886
- Ludowese v. AmidonSupreme Court of Minnesota · 1914
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Judd v. ArnoldSupreme Court of Minnesota · 1884
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