Pittsburg Plate Grass Co. v. Leary
South Dakota Supreme Court
Appeal from Circuit Court, Brookings Count}'. Hon. George H. Marquis, Judge. Action by the Pittsburg Plate Glass Company against J. D. Leary and another, as 'copartners, and the New Century • Company. From the judgment and the denial of a new trial, both plaintiff and the New Century Company appeal.
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Appeal from Circuit Court, Brookings Count}'. Hon. George H. Marquis, Judge. Action by the Pittsburg Plate Glass Company against J. D. Leary and another, as 'copartners, and the New Century • Company. From the judgment and the denial of a new trial, both plaintiff and the New Century Company appeal. Where a statute provides that a person furnishing materials for building by virtue of contract with contractor or subcontractor shall have a lien for the same, the party furnishing the material i's entitled to lien although such materials were not actually used in the construction of the building.…
1Opinion of the CourtWhiting, P. J.
This is an action brought by the plaintiff, as subcontractor, against the contractors, joined as defendants with the owner of a.building erected by such contractors, for the erection of which building the plaintiff claimed to have furnished certain glass. The plaintiff demanded, in its complaint, personal judgment against the contractors as well as foreclosure of plaintiff’s mechanic’s lien against the building and land upon which the same rested. The contractors were not personally served with summons in the state and did not answer. Upon the trial, as *259between the plaintiff and owner of the…
2Cases cited24 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Van Stone v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Webber v. ClarkeCalifornia Supreme Court · 1887
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
- Loughborough v. McNevinCalifornia Supreme Court · 1887
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3Cited by18 opinions
- Bauer v. Uniroyal Tire Co.Court of Appeals for the Eighth Circuit · 1980
- Dougherty v. BeckmanSouth Dakota Supreme Court · 1984
- State Ex Rel. Farmers State Bank v. Ed Cox & SonSouth Dakota Supreme Court · 1965
- J. F. Anderson Lumber Co. v. National Surety Co.South Dakota Supreme Court · 1926
- American Federal Savings & Loan Ass'n of Madison v. Mid-America Service Corp.South Dakota Supreme Court · 1983
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