Burns v. White Swan Mining Co.
Oregon Supreme Court
From Baker : Robert Eakin, Judge. This is a suit by John R. Burns to foreclose certain miners’ liens. The transcript shows that on February-11, 1897, twenty-one employees of the White Swan Mining Company, a corporation organized and existing under the laws of the State of Iowa, who had performed labor in the company’s mine in Baker County, Oregon, filed lien claims against it with the county clerk of said county within sixty days after they ceased to perform such labor,…
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From Baker : Robert Eakin, Judge. This is a suit by John R. Burns to foreclose certain miners’ liens. The transcript shows that on February-11, 1897, twenty-one employees of the White Swan Mining Company, a corporation organized and existing under the laws of the State of Iowa, who had performed labor in the company’s mine in Baker County, Oregon, filed lien claims against it with the county clerk of said county within sixty days after they ceased to perform such labor, amounting in the aggregate to $1,589.54, and thereupon assigned the liens to plaintiff, who on May 13,1897, commenced a suit…
1Opinion of the CourtJustice Moore
It is contended by plaintiff’s counsel that the limitation as to the time in which a suit may be commenced to foreclose a miner’s lien, as prescribed in the act creating the right, should be construed as pari materia with the genefal statutory limitation as to the time of com*307mencing actions, and tliat, if the act be given such interpretation, neither of the several causes of suit was barred when the corporation filed its answer. The act in question provides that the liens thereby created shall not bind the mine upon which the labor is performed for a longer period than six months after the…
2Cases cited20 opinions
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- State v. Central Pacific RailroadNevada Supreme Court · 1875
- King v. National M. & E. Co.Montana Supreme Court · 1881
- Travelers' Insurance Co. v. FrickeWisconsin Supreme Court · 1898
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- PETERS v. McKAYOregon Supreme Court · 1951
- Bell v. Quaker City Fire & Marine InsuranceOregon Supreme Court · 1962
- Nickerson v. MecklemOregon Supreme Court · 1942
- Matlock v. MatlockOregon Supreme Court · 1918
- Shea v. GravesOregon Supreme Court · 1933
16 more not listed; retrieve them via the Exa API.