Irish v. Lundin
Nebraska Supreme Court
Appeal from the district court for Douglas county. Heard below before Doane, J. Ch. 54, Comp. Stats., gives the material man alien upon buildings “and” the land on which they stand. If the lien does not attach to the buildings as such, but only because they are a part of the land, the words in the statute preceding “and” would be meaningless surplusage, and such a construction will not, if it can be avoided, be given to a legislative act.
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Appeal from the district court for Douglas county. Heard below before Doane, J. Ch. 54, Comp. Stats., gives the material man alien upon buildings “and” the land on which they stand. If the lien does not attach to the buildings as such, but only because they are a part of the land, the words in the statute preceding “and” would be meaningless surplusage, and such a construction will not, if it can be avoided, be given to a legislative act. There is no provision making the lien dependent on the land or title thereto. Such a lien can be enforced against a building erected on the land without…
1Opinion of the CourtMaxwell, J.
This action was brought in the district- court of Douglas county by the plaintiff against the defendant to foreclose a mechanic’s lien.
On the trial of the cause the court found the issues in favor of the defendant Wilson and dismissed the action.
The petition is substantially in the ordinary form.
Maria Wilson filed a petition to intervene, which being sustained, she filed an answer, in which, after setting out her purchase of the lot in question, she alleges: “That on, to-wit, the thirty-first day of January, A. D. 1888, George E. Gibson, the agent of said defendant Maria Wilson, at the county…
2Cases cited1 opinion
- Dickenson v. StateNebraska Supreme Court · 1886
3Cited by3 opinions
- West v. ReevesNebraska Supreme Court · 1898
- Pickens v. Plattsmouth Land & Investment Co.Nebraska Supreme Court · 1891
- L. P. Larson Real Property Co. v. Norris-Lyddon Produce Co.Nebraska Supreme Court · 1934