Mills v. Olsen
Montana Supreme Court
Appeal from District Court, Missoula County; J. Miller Smith, a Judge of the First Judicial District in and for Lewis & Clark County, presiding. Action by F. A. Mills, as administrator of the estate of W. H. Charnley, deceased, against Allen J. Olsen and Fred Johnson, copartners, doing business under the firm name of Olsen & Johnson, and J. T. Lacasse and others. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial.
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Appeal from District Court, Missoula County; J. Miller Smith, a Judge of the First Judicial District in and for Lewis & Clark County, presiding. Action by F. A. Mills, as administrator of the estate of W. H. Charnley, deceased, against Allen J. Olsen and Fred Johnson, copartners, doing business under the firm name of Olsen & Johnson, and J. T. Lacasse and others. Judgment for plaintiff, and defendants appeal from it and an order denying them a new trial. The validity and constitutionality of the statute, section 7166, Revised Codes, providing for the taxation of an attorney fee as part of the…
1Opinion of the CourtJustice Smith
This action was begun in Missoula county by W. H. Charnley to foreclose a mechanic’s lien. After trial Charnley died, and Mills, as his administrator, was substituted. In discussing the case we shall refer to Charnley as the plaintiff. The complaint alleges that the defendants Lacasse were the owners of certain lots in the city of Missoula; that they made a contract with Olsen & Johnson to erect a building thereon; that the latter contracted with Charnley to do the lathing and plastering, for which they promised to pay him at the rate of thirty-six cents per square yard; that Charnley agreed…
2Cases cited22 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
- Builders' Supply Depot v. O'ConnorCalifornia Supreme Court · 1907
- Davidson v. JenningsSupreme Court of Colorado · 1900
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3Cited by15 opinions
- Webb v. Crane Co.Arizona Supreme Court · 1938
- Bovee v. HellandMontana Supreme Court · 1916
- Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1925
- Wertz v. LambMontana Supreme Court · 1911
- Rogers-Templeton Lumber Co. v. WelchMontana Supreme Court · 1919
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