McGarry v. Averill
Supreme Court of Kansas
Error from Ford District Court. Action by Averill against McGarry to foreclose a mechanic’s lien. Judgment for the plaintiff, sustaining the lien, at the September term, 1889. The defendant comes to this court. The opinion states the facts. The court erred in permitting the plaintiff below to testify that the account which he had filed for a mechanic’s lien was correct.
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Error from Ford District Court. Action by Averill against McGarry to foreclose a mechanic’s lien. Judgment for the plaintiff, sustaining the lien, at the September term, 1889. The defendant comes to this court. The opinion states the facts. The court erred in permitting the plaintiff below to testify that the account which he had filed for a mechanic’s lien was correct. The most liberal courts not only require that the books of original entry be produced to prove the account sued on, but that the party offering the books must show that other parties settling by the same have found them…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
C. W. Averill brought this action to recover a balance due for building material furnished to R. P. Adams for the construction of a building for H. McGarry, and also to foreclose a mechanic’s lien which he had filed against the building. He obtained a judgment against Adams for $158.05, and a decree foreclosing the mechanic’s lien. McGarry contended that there was not as much due as was claimed by Averill, and, further, that the material claimed to have been furnished was not actually used in the construction of the building.
Only two…
2Cases cited1 opinion
- Hill v. BowersSupreme Court of Kansas · 1891
3Cited by10 opinions
- Chicago Lumber Co. v. DouglasSupreme Court of Kansas · 1913
- Unit Sash & Sales Co. v. EarlySupreme Court of Kansas · 1925
- Fry v. P. Bannon Sewer Pipe Co.Indiana Supreme Court · 1913
- P. T. Walton Lumber Co. v. CoxSupreme Court of Oklahoma · 1911
- Seyb-Tucker Lumber and Implement Co. v. HartleySupreme Court of Kansas · 1966
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