Legal Opinion

Springfield Boiler & Manufacturing Co. v. Best

Supreme Court of Kansas

Decided June 8, 1901No. 12,323PublishedCited by 4 opinions

Error from Crawford district court; W. L. Simons, judge. STATEMENT. Wesley E. Best, the defendant in error, commenced an action in the district court of Crawford county, Kansas, against the Litchfield Car and Machine Company, to recover a judgment of $1423.47 on a promissory note, and garnished the Wear Coal Company, which answered that it was indebted to the Litchfield Car and Machine Company in the sum of $1098.36 for a certain boiler and other machinery purchased from it.

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Error from Crawford district court; W. L. Simons, judge. STATEMENT. Wesley E. Best, the defendant in error, commenced an action in the district court of Crawford county, Kansas, against the Litchfield Car and Machine Company, to recover a judgment of $1423.47 on a promissory note, and garnished the Wear Coal Company, which answered that it was indebted to the Litchfield Car and Machine Company in the sum of $1098.36 for a certain boiler and other machinery purchased from it. Afterward the Wear Coal Company applied for permission to file a supplemental answer, as garnishee which was granted.…

1Opinion of the Court

The opinion of the court was delivered by

Gbeene, J.:

The only material question presented to this court, so far as plaintiff is concerned, is whether or not it had a subcontractor’s lien on the premises described in its answer. Our statute (Gen. Stat. 1901, §§ 5117, 5119) provides that any person who shall, under contract with the owner of any tract or piece of land, furnish material for the erection of any building, improvement or structure thereon, shall have a lien upon the premises for the amount due him for such material; that any person who shall furnish such material under a subcontract…

2Cited by4 opinions

  1. Ryndak v. SeawellSupreme Court of Oklahoma · 1904
  2. Chicago Lumber & Coal Co. v. SmithSupreme Court of Kansas · 1911
  3. Doane v. BeverSupreme Court of Kansas · 1901
  4. Houston Lumber Co. of Russell, Kansas, Inc. v. MorrisSupreme Court of Kansas · 1956

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