Bradbury v. Idaho & Oregon Land Improvement Co.
Idaho Supreme Court
APPEAL from District Court, Alturas County. As to wben a general verdict will be set aside on tbe ground of inconsistency between special verdict and the general verdict. (Baylis v. Travelers’ Ins. Co., 113 U. S. 316, 5 Sup. Ct. Eep. 494.) When held that an action to embrace a mechanic’s lien is an action at law.
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APPEAL from District Court, Alturas County. As to wben a general verdict will be set aside on tbe ground of inconsistency between special verdict and the general verdict. (Baylis v. Travelers’ Ins. Co., 113 U. S. 316, 5 Sup. Ct. Eep. 494.) When held that an action to embrace a mechanic’s lien is an action at law. (Phillips on Mechanics’ Liens, 5; Coleman v. Freeman, 3 6a. 137; Quimby v. Sloan, 2 E. D. Smith, 615; Oiley v. Mariland, 36 Miss. 19; Miller v. Wallingsworth, 33 Iowa, 224.) There having been no exceptions taken to the verdicts, findings of fact or conclusions of law, the assigned…
1Opinion of the CourtBuck, J.
This action was brought to collect an acceptance for $6,774.49, payable in fifteen days from date, which had been protested, and was unpaid. The plaintiffs claim that said acceptance was given for a balance found due on settlement from defendant to plaintiffs for digging an irrigating ditch in Alturas county, Idaho territory; and pray the foreclosure of a mechanic’s lien upon said ditch. The complaint also alleges that said ditch was dug upon contract, and sets out the contract therein. The answer admits the contract and the settlement, but alleges that, without defendant’s knowledge or…
2Cases cited4 opinions
- People v. LeeCalifornia Supreme Court · 1860
- People ex rel. Huston v. HuntIdaho Supreme Court · 1872
- People v. CraneCalifornia Supreme Court · 1882
- Purdy v. SteelIdaho Supreme Court · 1868
3Cited by16 opinions
- Lus v. PecararoIdaho Supreme Court · 1925
- Harris v. KelloggCalifornia Supreme Court · 1897
- Havlick v. DavidsonIdaho Supreme Court · 1909
- United States v. AlexanderIdaho Supreme Court · 1888
- Iba v. Central Ass'n of WyomingWyoming Supreme Court · 1895
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