St. Paul & Minneapolis Pressed Brick Co. v. Stout
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Ramsey county, refusing a new trial after trial before Otis, J., and judgment ordered for plaintiff fixing a lien for $623.13 and interest on the premises described in the complaint and directing a sale, etc.
1Opinion of the Court
Collins, J.1
It is insisted by appellants herein that respondent’s affidavit for a lien is defective in failing to state that the materials for which the lien is claimed were furnished at the time mentioned in an attached account. An inspection of the affidavit demonstrates that it would have been advisable, and, at the outset, less laborious for the maker, to have closely followed the statutory form, but a departure is not necessarily fatal. The form prescribed in Gen. St. 1878, c. 90, § 18, must be followed in all matters of substance, but, to do this, the exact language need not be used.…
2Cited by9 opinions
- Union Trust Co. v. CasserlyMichigan Supreme Court · 1901
- American Bridge Co. v. HonstainSupreme Court of Minnesota · 1913
- Hot Springs Plumbing & Heating Co. v. WallaceNew Mexico Supreme Court · 1933
- Voightman & Co. v. Southern Railway Co.Tennessee Supreme Court · 1910
- Joplin Sash & Door Works v. Oklahoma Presbyterian College for GirlsSupreme Court of Oklahoma · 1912
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