Wood v. St. Paul City Railway Co.
Supreme Court of Minnesota
Each of these actions was brought in the district court for Ramsey county, to enforce a lien on a cable street railway of defendant, for material furnished to the New York Cable Railway Construction Co., the contractor by which the railway was built. The first of the actions was tried by Vilas, J., wbo ordered judgment, establishing a lien for $1,023.19 andinterest.
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Each of these actions was brought in the district court for Ramsey county, to enforce a lien on a cable street railway of defendant, for material furnished to the New York Cable Railway Construction Co., the contractor by which the railway was built. The first of the actions was tried by Vilas, J., wbo ordered judgment, establishing a lien for $1,023.19 andinterest. After his decease, a new trial was denied by Brill, J. The second and third cases were tried by Brill, J., who ordered like judgments, viz., for $4,419.36 and interest in the second case, and for $7,630.76 and interest in the…
1Opinion of the CourtMitchell, J.
Gen. St. 1878, c. 90, §§ 6, 7, (relating to mechanics’ liens,) provide that the statement of the account, required to be filed and recorded, shall be verified by the oath of the party or his agent, but is entirely silent as to where or before whom such affidavits shall be made. To hold that the statute requires them to be made within the state, or, if without the state, that the oath. must be administered by a commissioner for the state of Minnesota', would be to put a construction upon the act at once unauthorized by its language, and unsuited to the business habits and necessities of the…
2Cases cited3 opinions
- Conolly v. RileyCourt of Appeals of Maryland · 1866
- United States v. LibbyU.S. Circuit Court for the District of Maine · 1846
- Tucker v. LaddNew York Supreme Court · 1825
3Cited by8 opinions
- Bucholz v. HuttonDistrict Court, D. Montana · 1957
- Hickey v. CollomSupreme Court of Minnesota · 1891
- Haley v. SpragueOregon Supreme Court · 1940
- State v. EisensteinNew Jersey Superior Court Appellate Division · 1951
- Duggan v. Washougal Land & Logging Co.Washington Supreme Court · 1894
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