Legal Opinion

Doane v. Clinton

Utah Supreme Court

Decided June 15, 1880PublishedCited by 8 opinions

Appeal from the Third District Court. Action to foreclose a mechanics’ lien upon the hotel owned by defendant, Clinton, in 1875, and by him conveyed to Z. Snow, his co-defendant, and known as the Lake Point Hotel.

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Appeal from the Third District Court. Action to foreclose a mechanics’ lien upon the hotel owned by defendant, Clinton, in 1875, and by him conveyed to Z. Snow, his co-defendant, and known as the Lake Point Hotel. The money claimed was for lumber and materials furnished by plaintiff to said Clinton up to January 12,1875. On the 15th day of January, 1875, the plaintiff took from said Clinton two promissory notes, for the amount so due for such materials, and on the 7th day of April, 1875, filed in the proper office the following document: Notice oe Lien. — Notice is hereby given to all whom it…

1Opinion of the CourtBoREMAN, J.

This is an action to foreclose- a mechanics’ lien upon property of defendant, Clinton. Z. Snow had a claim against the property, and filed his answer. None of the other defendants filed any answer. The judgment in the court below being for respondents, the defendant, Snow, appealed to this court.

It is urged by the appellants with great persistency, that the word “ persons,” in the mechanics’ lien law of this Territory, does not include corporations. O. L. 386, § 1179, et seg.

In section 2 of “An act concerning the Laws of Utah,” approved February 20, 1874 (O. L. § 5, p. 78), it is said that *421“…

2Cases cited3 opinions

  1. McMurray v. TaylorSupreme Court of Missouri · 1860
  2. Kinsley v. BuchananSupreme Court of Pennsylvania · 1836
  3. Ashdown v. WoodsSupreme Court of Missouri · 1862

3Cited by8 opinions

  1. Wilmington Trust FSB v. A1 Concrete Cutting & Demolition, LLCNevada Supreme Court · 2012
  2. Wetzel & T. Ry. Co. v. Tennis Bros.Court of Appeals for the Fourth Circuit · 1906
  3. Nagle v. Club FontainbleuUtah Supreme Court · 1965
  4. Baldwin v. Spear Bros.Supreme Court of Vermont · 1906
  5. Houston Lumber Co. v. Wetzel & Tyler Railway Co.West Virginia Supreme Court · 1911

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