Haxtun Steam Heater Co. v. Gordon
North Dakota Supreme Court
PPEAL from district court, Grand Forks county; Hon. Charles F. Templeton, Judge. Action by the Haxtun Steam Heater Company against the Dakota Investment Company and others to determine the priority of liens on real estate. Judgment for plaintiff. Defendant appeals.
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PPEAL from district court, Grand Forks county; Hon. Charles F. Templeton, Judge. Action by the Haxtun Steam Heater Company against the Dakota Investment Company and others to determine the priority of liens on real estate. Judgment for plaintiff. Defendant appeals. Error is claimed by the trial court, striking out certain testimony of defendant’s witnesses, citing to sustain the point: Soule v. Dawes, 7 Cal. 575; Crowelly v. Gilmore, 13 Cal. 54; Mutual Life Co. v. Rowland, 26 N. J. Eq. 389; Wells v. Canton county, 3 Md. 234; Knox v. Stark, 4 Minn. 20; Taylor v. LaBar, 25 N. J. Eq. 222;…
1Opinion of the Court
The opinion of the court was delivered by
Bartholomew, J.
This is a contest for priority between plaintiff, the Haxtun Steam Heater Company, a mechanic’s lien holder, and the defendant, the Dakota Investment Company, a mortgagee. There was a decree below for the plaintiff, and the investment company appeals. Section 5478 of our Compiled Laws reads as follows: “ The liens for labor done or things furnished shall have priority in the order of the filing of the accounts thereof, as aforesaid, and shall be preferred to all other liens and incumbrances which may be attached to or upon said building,…
2Cases cited11 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
- Brooks v. Railway Co.Supreme Court of the United States · 1880
- Davis v. BilslandSupreme Court of the United States · 1874
- Neilson v. Iowa Eastern Railway Co.Supreme Court of Iowa · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
- McConnell v. FrostCourt of Appeals of Texas · 1931
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
- James River Lumber Co. v. DannerNorth Dakota Supreme Court · 1893
- Frank J. Klein & Sons, Inc. v. LaudemanCourt of Appeals of Maryland · 1973
5 more not listed; retrieve them via the Exa API.