Legal Opinion · Dissent

Ekstrom United Supply Co. v. Ash Grove Lime & Portland Cement Co.

Supreme Court of Kansas

Decided April 10, 1965No. 44,011Published

1DissentFontron, J.

I find myself wholly unable to agree with the majority opinion which adopts a technical viewpoint unsupported, in my opinion, by our prior decisions.

The sole point to be determined on this appeal is, as stated by *637Justice Wertz in the court’s opinion, whether the plaintiff’s mechanic’s lien statement is properly verified. The verification reads:

“State of Kansas, Allen County, ss:

I do solemnly swear that I am the claimant above named and that the foregoing statement is true in every particular.

_W. L. Johnston_

“Subscribed and sworn to before me this 31st day of July, 1962.

Com. Exp: 5-3-65…

2Cases cited8 opinions

  1. Nixon v. Cydon Lodge No. 5Supreme Court of Kansas · 1896
  2. Bridgeport Machine Co. v. McKnabSupreme Court of Kansas · 1933
  3. Chicago Lumber Co. v. OsbornSupreme Court of Kansas · 1888
  4. Delahay v. GoldieSupreme Court of Kansas · 1876
  5. Bassett v. CarpenterSupreme Court of Kansas · 1923

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