Cary Hardware Co. v. McCarty
Colorado Court of Appeals
Error to the District Court of Lake County. This was an action instituted by defendants in error for foreclosure of a mechanic’s lien upon the property of the Holden Smelting and Refining Company.
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Error to the District Court of Lake County. This was an action instituted by defendants in error for foreclosure of a mechanic’s lien upon the property of the Holden Smelting and Refining Company. In October, 1890, John M. Maxwell as trustee for the owners of United States mineral survey, No. 158, in California mining district, Lake county, Colorado, executed to Henry H. Norton a written lease for a slag dump situate upon said survey “together with the free right upon said survey and egress over, across and upon said United States survey No. 158, as the same may be necessary for the purpose…
1Opinion of the CourtWilson, J.
It is conceded that whatever may be the rights of the parties to this action who claim liens under the mechanic’s lien act, they are measured and controlled by the statute of 1883 as amended by the act of 1889. The later enactments of the legislature on this subject do not apply to the case at bar.
It must also be conceded to be -the settled policy in this state, as declared by the highest judicial authority, to favor the enforcement of mechanics’ liens when the lien has once attached by a liberal construction of the statute so as to advance its objects. Barnard v. McKenzie, 4 Colo. 252:…
2Cases cited42 opinions
- Voorhees v. . McGinnisNew York Court of Appeals · 1872
- Potter v. . CromwellNew York Court of Appeals · 1869
- De Witt v. SmithSupreme Court of Missouri · 1876
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
- Kezartee v. Marks & Co.Oregon Supreme Court · 1888
37 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Horn v. Clark Hardware Co.Supreme Court of Colorado · 1913
- Bailey Lumber Co. v. General Construction Co.West Virginia Supreme Court · 1926
- American Fac. Assoc., Ltd. v. Triangle Heat. & Sm Co.Colorado Court of Appeals · 1972
- Colorado Gold Dredging Co. v. Stearns-Roger Manufacturing Co.Supreme Court of Colorado · 1915
32 more not listed; retrieve them via the Exa API.