Legal Opinion

Menzel v. Tubbs

Supreme Court of Minnesota

Decided November 28, 1892PublishedCited by 20 opinions

Appeal by defendants, A. K. Tubbs and Ella E. Tubbs, his wife, from a judgment of the District Court of Hennepin County, Lochren, J., entered January 30, 1892. The plaintiffs, Gregor Menzel and Samuel T. Ferguson, commenced this action to foreclose their lien for iron beams, columns, stirrups, prismatic lights, &c., furnished the defendants Tubbs and wife in 1890, at the agreed price of $1,032.31. They were to be used and were used in the construction of a three-story brick…

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Appeal by defendants, A. K. Tubbs and Ella E. Tubbs, his wife, from a judgment of the District Court of Hennepin County, Lochren, J., entered January 30, 1892. The plaintiffs, Gregor Menzel and Samuel T. Ferguson, commenced this action to foreclose their lien for iron beams, columns, stirrups, prismatic lights, &c., furnished the defendants Tubbs and wife in 1890, at the agreed price of $1,032.31. They were to be used and were used in the construction of a three-story brick block of buildings which Tubbs and wife were putting up in Northeast Minneapolis. J. C. Brewer, contractor for the brick…

1Opinion of the CourtGilfillan, C. J.

This is an action to enforce a mechanic’s lien commenced against the owners and a large number of other defendants, who, as the complaint alleges, have or claim some interest in or lien on the real estate. Many of these defendants filed answers setting forth mechanics’ liens, and asking enforcement of the same.

The first question in the case arises on these answers, the owners defendant insisting that the court below had no jurisdiction to determine the liens thus set forth as between them and the lien claimants so answering; their argument being that each answer setting forth and seeking…

2Cases cited6 opinions

  1. Lax v. PetersonSupreme Court of Minnesota · 1889
  2. Miller v. ShepardSupreme Court of Minnesota · 1892
  3. Carpenter v. LeonardSupreme Court of Minnesota · 1861
  4. Smith v. HeadleySupreme Court of Minnesota · 1885
  5. North Star Iron Works Co. v. StrongSupreme Court of Minnesota · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Johnson v. BOARD OF ADJUSTMENT, ETC.Supreme Court of Iowa · 1976
  2. Breen v. CameronSupreme Court of Minnesota · 1916
  3. Maher v. Park Homes, Inc.Supreme Court of Iowa · 1966
  4. Carr-Cullen Co. v. CooperSupreme Court of Minnesota · 1920
  5. Petro-Lewis Corp. v. District Court, Fourth Judicial District, El Paso CountySupreme Court of Colorado · 1986

15 more not listed; retrieve them via the Exa API.

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