Park City Meat Co. v. Comstock Silver King Mining Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. O. W. Morse, Judge. Action by Park City Meat Company and Kobert W. Gil-lispie against Comstock Silver Mining Company, California Mining and Milling Company, and H. A. MeCorniek. Judgment for defendants. Plaintiffs appeal. APPELLANT'S POINTS.
Read the full summary
Appeal from District Court, Third District; Hon. O. W. Morse, Judge. Action by Park City Meat Company and Kobert W. Gil-lispie against Comstock Silver Mining Company, California Mining and Milling Company, and H. A. MeCorniek. Judgment for defendants. Plaintiffs appeal. APPELLANT'S POINTS. The real issue is — does a lienor acquire rights to lands and to buildings situate thereon, and ■ machinery contained therein upon which he does not specifically claim a lien, and none of which are described or referred to in the claim of lien, on the ground that such land, buildings and machinery are…
1Opinion of the CourtEeion, J.
Appellants, in tbeir complaint, after stating tbe necessary matters of inducement, in substance, allege: That on the 19th day of February, 1906, each of them obtained a judgment for specific amounts stated in the district court of Summit County, Utah, against the respondent “Comstock Silver Mining Company, hereafter called “Comstock Company” ; that thereafter, on the 10th day of April, 1906, executions were duly issued upon said judgments, which have been returned wholly unsatisfied; that said Comstock Company has no property upon which an execution can be levied, unless it is the owner of…
2Cases cited24 opinions
- Warren v. HopkinsCalifornia Supreme Court · 1895
- Scott v. MooreSupreme Court of Virginia · 1900
- Springer v. KroeschellIllinois Supreme Court · 1896
- Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
- Marioneaux v. CutlerUtah Supreme Court · 1907
19 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Projects Unlimited, Inc. v. Copper State Thrift & Loan Co.Utah Supreme Court · 1990
- Mickelsen v. Craigco, Inc.Utah Supreme Court · 1989
- Brotherhood Inv. Co. v. Coal River Min. Co.Court of Appeals for the Fourth Circuit · 1930
- Mickelsen v. Craigco, Inc.Utah Supreme Court · 1989