Sandberg v. Victor Gold & Silver Mining Co.
Utah Supreme Court
Appeal from the Eiftb District Court, Juab County. — Hon. W. M. McGarty, Judge. Action to foreclose a mechanic’s lien and to recover for services rendered by plaintiff for the defendants. From a judgment in favor of the plaintiff the Victor Gold & Silver Mining Company appealed. (1) The court had no jurisdiction of the cause as a suit in equity. This lien was filed in August, 1894. The action is a statutory one and the right given is a creature of statute.
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Appeal from the Eiftb District Court, Juab County. — Hon. W. M. McGarty, Judge. Action to foreclose a mechanic’s lien and to recover for services rendered by plaintiff for the defendants. From a judgment in favor of the plaintiff the Victor Gold & Silver Mining Company appealed. (1) The court had no jurisdiction of the cause as a suit in equity. This lien was filed in August, 1894. The action is a statutory one and the right given is a creature of statute. The proceedings, therefore, in the foreclosure of the lien are those which are set forth in the statute which creates the right, it being…
1Opinion of the CourtBasein, J.
It is, in substance, alleged in the complaint that on or about the first day of December, A. D. 1890, the said Victor Gold & Silver Mining Company, being then the owner, in the possession and entitled to the possession, of all of the said real estate and mining claims (described in the complaint), entered into a contract with this plaintiff, by which
*15the said plaintiff was to become and be superintendent thereof, and was to take possession of all of the said property, and to run, work, and operate the same as manager and superintendent thereof, and to have charge and do development work…
2Cases cited11 opinions
- North Point Consolidated Irrigation Co. v. Utah & Salt Lake Canal Co.Utah Supreme Court · 1898
- Lonkey v. WellsNevada Supreme Court · 1881
- Clawson v. WallaceUtah Supreme Court · 1898
- Whittaker v. FergusonUtah Supreme Court · 1898
- Thompson v. StevensSupreme Court of Pennsylvania · 1872
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3Cited by4 opinions
- Albertson's, Inc. v. State, Dept. of RevenueIdaho Supreme Court · 1984
- Independent Oil & Gas Co. v. SheltonUtah Supreme Court · 1932
- Watson V. Butterfield Mining Co.Utah Supreme Court · 1901
- Gilbourne v. Oregon Short Line RailroadUtah Supreme Court · 1910