Continental & Commercial Trust & Savings Bank v. Pacific Coast Pipe Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit in equity by the Continental & Commercial Trust & Savings Bank, trustee, against the Kings Hill Irrigation & Power Company and others. From a decree denying its right to a mechanic’s lien as against complainant, the defendant Pacific Coast Pipe Company appeals.
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Appeal from the District Court of the United States for the Southern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit in equity by the Continental & Commercial Trust & Savings Bank, trustee, against the Kings Hill Irrigation & Power Company and others. From a decree denying its right to a mechanic’s lien as against complainant, the defendant Pacific Coast Pipe Company appeals. March 30, 1901, under and pursuant to the provisions of certain acts of Congress authorizing the same, the Secretary of the Interior, for and on behalf of the United States, entered into .an agreement…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). The appellant contends that its lien was superior to that of the appellee’s mortgage and had not expired as to the latter at the time it filed its cross-bill to foreclose. The court below held against the appellant upon the last proposition, and if it was correct in that ruling, it will be unnecessary for us, as it was for that court, to determine which was the prior lien.
[1] Mechanics’ and materialmen’s liens do not exist under the common law, but are creatures of statute law only. Section 5110 of the Idaho Revised Codes gives to every person performing…
2Cases cited18 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896
- Dunphy v. RiddleIllinois Supreme Court · 1877
- Hassall v. WilcoxSupreme Court of the United States · 1889
- Davis v. BartzWashington Supreme Court · 1911
13 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Western Loan & Building Co. v. Gem State Lumber Co.Idaho Supreme Court · 1919
- Boise Payette Lumber Co. v. WeaverIdaho Supreme Court · 1925
- Fleshman v. WhitesideOregon Supreme Court · 1934
- Platts v. Pacific First Federal Savings & Loan Ass'nIdaho Supreme Court · 1941
- D. W. Standrod & Co. v. Utah Implement-Vehicle Co.Court of Appeals for the Ninth Circuit · 1915
12 more not listed; retrieve them via the Exa API.