Legal Opinion

J. D. Moran Manufacturing Co. v. Clarke

Supreme Court of Minnesota

Decided December 21, 1894No. 9068PublishedCited by 4 opinions

Appeal by plaintiff, J. D. Moran Manufacturing Company, a corporation, from an order of the District Court of Eamsey County, Hascal JR. Brill, J., made May 2, 1894, sustaining the demurrer of Eoss Clarke, one of the defendants, to the complaint.

1Opinion of the CourtMitchell, J.

Action to enforce a mechanic’s lien on real estate. The complaint was clearly insufficient, for the reason that it does not appear that the lien statement was filed within the time prescribed by statute. It is alleged that this statement was filed November 6, 1893. The only allegation as to the times when the labor and material were furnished is that it was “during the years 1892 and 1893.” This may be true, and yet the last item of such labor and material may have been furnished more than ninety days prior to November 6, 1893. Hurlbert v. New Ulm Basket Works, 47 Minn. 81, (49 N. W. 521.)

Neit…

2Cases cited1 opinion

  1. Hurlbert v. New Ulm Basket WorksSupreme Court of Minnesota · 1891

3Cited by4 opinions

  1. Huffman v. NewmanNebraska Supreme Court · 1898
  2. MacKenzie v. RyanSupreme Court of Minnesota · 1950
  3. Lamson v. Towle-Jamieson Investment Co.Supreme Court of Minnesota · 1932
  4. Firestone Tire & Rubber Co. v. RobinsonSupreme Court of Minnesota · 1948

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