Bartels v. McCullough
Oregon Supreme Court
From Linn: George G. Bingham, Judge. In Banc. This is a suit to foreclose certain mechanics’ liens upon a group of mining claims in Lane County. The plaintiff claims a lien on his own behalf for $405.70, one as assignee of E. O. Pooler for $253.69, and another for $445.76 as assignee of Lester Powers.
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From Linn: George G. Bingham, Judge. In Banc. This is a suit to foreclose certain mechanics’ liens upon a group of mining claims in Lane County. The plaintiff claims a lien on his own behalf for $405.70, one as assignee of E. O. Pooler for $253.69, and another for $445.76 as assignee of Lester Powers. All of the notices assert the respective liens oh account of work and labor performed in the mines and in search of precious metals in said mines, or in mining and milling ores. The work was performed in pursuance of a contract with McCullough and Atkinson, who were in charge of said mines and…
1Opinion of the CourtMcBRIDE, J.
1. The notices of lien are regular in form and upon adequate testimony are sufficient to support the decree. On the trial, plaintiff testified positively to his account, except that he stated that his wages for November and December, 1917, were $3.25 per day instead of $4, practically admitting an error in the lien notice of $43. This discrepancy was never called to his attention and it is now claimed that his notice is not a true statement and is void, *70and that for this reason he should not recover anything.
2. There is abundant authority in this state and elsewhere for the proposition that…
2Cases cited17 opinions
- Mining Co. v. CullinsSupreme Court of the United States · 1881
- Allen v. ElwertOregon Supreme Court · 1896
- Harrisburg Lumber Co. v. WashburnOregon Supreme Court · 1896
- Cooper Manufacturing Co. v. DelahuntOregon Supreme Court · 1900
- Fairbairn v. MoodyMichigan Supreme Court · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Drake Lumber Co. v. Paget Mortgage Co.Oregon Supreme Court · 1954
- State v. CornwallOregon Supreme Court · 1921
- Brown v. FarrellOregon Supreme Court · 1971
- Zioncheck v. HepdenWashington Supreme Court · 1927
- Madera Sugar Pine Co. v. AdamsCalifornia Court of Appeal · 1924
8 more not listed; retrieve them via the Exa API.