John W. Tuthill Lumber Co. v. McMackin
South Dakota Supreme Court
On rehearing. The word “include” in sec. 721, C. C. P., does not operate to embrace the case at bar. Nehr v. McCook County, ix S. D. 422. Standard Dictionary. The board of county commissioners, not the county, constructs the ditch. Secs. 5 and 6, chap. 102, Daws 1909, amending chap-134, Daws 1907. The rule of liberal construction of mechanics lien statutes has always prevailed in this state.
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On rehearing. The word “include” in sec. 721, C. C. P., does not operate to embrace the case at bar. Nehr v. McCook County, ix S. D. 422. Standard Dictionary. The board of county commissioners, not the county, constructs the ditch. Secs. 5 and 6, chap. 102, Daws 1909, amending chap-134, Daws 1907. The rule of liberal construction of mechanics lien statutes has always prevailed in this state. Relewitch v. Harrington, 20 S. D. 375; Pinkerton v. DeBeau, 3 S. D. 440-446; Section 2472 Civil Code. If section 721 should be held to refer to all the. contracts under which a lien might be had, it would…
1Opinion of the CourtGates, J.
This cause is before us upon rehearing. The former opiinion of this court is found in 30 S. D. 336, 138 N; W. 959, to which reference is made for a statement of the questions involved and copies of the statutes referred to.
*509The former majority opinion proceeded upon the theory of strict construction as to matters of substantive law contained in article 2 of chapter 31 -o-f the Code of Civil Procedure, being sections 713 to 721, inclusive; but, as to matters of procedure, the rule of liberal construction was followed. The act was originally passed in 1895. Upon the revision of the Codes, a part…
2Cases cited10 opinions
- Davenport v. County of DodgeSupreme Court of the United States · 1882
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
- Pinkerton v. Le BeauSouth Dakota Supreme Court · 1893
- Bates County v. WilesCourt of Appeals for the Eighth Circuit · 1911
- State ex rel. Viking Township v. MikkelsonNorth Dakota Supreme Court · 1912
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3Cited by3 opinions
- Woods Bros. Const. Co. v. Yankton CountyCourt of Appeals for the Eighth Circuit · 1927
- Davison County v. Watertown Tile & Construction Co.South Dakota Supreme Court · 1923
- Nye Schneider Fowler Co. v. RisseSouth Dakota Supreme Court · 1924