Coffey v. Smith
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Commissioner Slater. This is a suit to foreclose a mechanic’s lien, and was instituted by B. D. Coffey, as original contractor, against O. M. Smith, who, it is alleged, is the owner of the dwelling house, the subject-matter of the lien, and the reputed owner of the lot upon which it was built, viz. lot 2, block 11, West Piedmont, in Multnomah County.
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From Multnomah: Arthur L. Frazer, Judge. Statement by Mr. Commissioner Slater. This is a suit to foreclose a mechanic’s lien, and was instituted by B. D. Coffey, as original contractor, against O. M. Smith, who, it is alleged, is the owner of the dwelling house, the subject-matter of the lien, and the reputed owner of the lot upon which it was built, viz. lot 2, block 11, West Piedmont, in Multnomah County. It is further alleged that the Title Guarantee & Trust Co. a corporation, one of the defendants, held the legal title, in trust, however, at the time the building was constructed, which…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
Several important questions have been raised and presented to this court, but it will be necessary to refer to and consider but one of them, viz. whether the claim for a lien was filed within the time required by the statute.
1. The right to assert and perfect a mechanic’s lien is a statutory privilege (Brown v. Harper, 4 Or. 89), and is in derogation of the common law, and can be established only by a clear compliance with the requirements of the statute. A party claiming such lien must show a substantial compliance therewith, and by his complaint must bring…
2Cases cited15 opinions
- Pilz v. KillingsworthOregon Supreme Court · 1891
- George Ainslie & Co. v. Bertha Kohn & Thompson, De Hart & Co.Oregon Supreme Court · 1888
- Gordon v. DealOregon Supreme Court · 1892
- Fitch v. HowittOregon Supreme Court · 1898
- Nicolai v. Van FridaghOregon Supreme Court · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Christman v. SalwayOregon Supreme Court · 1922
- Anderson v. Chambliss Et Ux.Oregon Supreme Court · 1953
- Honolulu Roofing Co. v. FelixHawaii Supreme Court · 1967
- James A. C. Tait & Co. v. StrykerOregon Supreme Court · 1926
- Duby v. HicksOregon Supreme Court · 1922
15 more not listed; retrieve them via the Exa API.