Grant v. St. James Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Edgar C. Steele, Presiding Judge. Action to foreclose a laborer’s lien. Judgment for plaintiff. Affirmed. A lien claim being given as an extraordinary remedy, the best of good faith is required, and a filing for a greater sum than one is entitled to is fraud in law, and a lien ease will be dismissed under such circumstances.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. Edgar C. Steele, Presiding Judge. Action to foreclose a laborer’s lien. Judgment for plaintiff. Affirmed. A lien claim being given as an extraordinary remedy, the best of good faith is required, and a filing for a greater sum than one is entitled to is fraud in law, and a lien ease will be dismissed under such circumstances. (27 Cyc. 203; Brennan v. Miller, 97 Mich. 182, 56 N. W. 354; New Jersey Street etc. Go. v. Robinson, 85 App. Div. 512, 83 N. Y. Supp. 450.) A question not raised in the pleadings, or…
1Opinion of the CourtBudge, J.
This is an action to foreclose a laborer’s lien. The claim of lien upon which the action is based was for $2,693. The action was tried by the court. Findings of fact and conclusions of law were filed and a judgment entered decreeing respondent entitled to a lien for $525, the foreclosure of the same, and awarding him attorney fee in the sum of $125, and his costs. This appeal is from the judgment. Appellant contends that the court erred in not dismissing the cause and denying respondent a lien, for the reason that the claim filed was greatly in excess of any possible claim against appellant.…
2Cases cited8 opinions
- Smith v. SterlingIdaho Supreme Court · 1867
- Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
- Miller v. DonovanIdaho Supreme Court · 1905
- Klinefelter v. BaumSupreme Court of Pennsylvania · 1896
- Wheeler, Osgood & Co. v. RalphWashington Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hurt v. Monumental Mercury Mining Co.Idaho Supreme Court · 1922
- Webster v. Potlatch Forests, Inc.Idaho Supreme Court · 1947
- Wanke v. Ziebarth Const. Co.Idaho Supreme Court · 1948
- Fuchs v. LloydIdaho Supreme Court · 1958
- Shipman v. KloppenburgIdaho Supreme Court · 1952
1 more not listed; retrieve them via the Exa API.