Fawcett v. Nampa & Meridian Irrigation District
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to foreclose mechanic’s lien. Judgment for plaintiff. The court erred when it failed to find upon the issues of fact relating to the liquidated damages claimed by defendant in its cross-complaint and counterclaim. All parties to the action formally requested the court to make this finding of fact.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to foreclose mechanic’s lien. Judgment for plaintiff. The court erred when it failed to find upon the issues of fact relating to the liquidated damages claimed by defendant in its cross-complaint and counterclaim. All parties to the action formally requested the court to make this finding of fact. (Wood v. Broderson, 12 Ida. 190, 85 Pac. 490; Brown v. Macey, 13 Ida. 451, 456, 90 Pae. 339.) “An irrigation district organized under the Wright Act becomes a public corporation and…
1Opinion of the Court
B*UDGE, J.
This is an action to foreclose a mechanic’s lien against the property of the Nampa and Meridian Irrigation District. The court, after making and filing its findings of fact and conclusions of law, entered judgment against the .district for $6,686.16, with interest at the rate of seven per cent per annum from April 9, 1915, the date of making the findings, amounting to $171.62, for $9.60 paid for filing and recording the mechanic’s lien and for $1,000 attorneys’ fees for the foreclosure thereof, and decreeing the foreclosure of the lien. /
Both parties have appealed from the judgment.…
2Cases cited35 opinions
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Cox v. McLaughlinCalifornia Supreme Court · 1881
- Title Guaranty & Trust Co. of Scranton v. Crane Co.Supreme Court of the United States · 1910
- Equitable Surety Co. v. United States Ex Rel. McMillanSupreme Court of the United States · 1914
30 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
- Webb v. Crane Co.Arizona Supreme Court · 1938
- Gridley v. RossIdaho Supreme Court · 1923
- Williams v. Idaho Potato Starch Co.Idaho Supreme Court · 1952
- Gould v. HillIdaho Supreme Court · 1926
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