Legal Opinion

Burgess v. M. C. & N. W. Railroad

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 6 opinions

Error from CheroJcee District Court. Action by Burgess to foreclose a mechanic’s lien on the road-bed of the Memphis, Carthage & Northwestern Railroad Company. The pleadings, and proceedings, are sufficiently stated in the opinion. A money-judgment was entered by consent; but the distriot court, at the October Term 1874, refused to decree a lien on the road-bed for the amount due, and Burgess brings the case here on error.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Plaintiff sued for work done in constructing defendant’s road-bed, and to foreclose a mechanic’s lien thereon. A demurrer to the petition was filed by defendant. Before any hearing was had, this agreement was entered into:

“It is hereby agreed, that a judgment may be entered in the above-stated case in favor of the plaintiff for the sum of seventy-three thousand six hundred and sixty-one dollars. And it is also hereby agreed, that the judgment so entered will be entitled to a credit of the amount which has been paid to sub-contractors and…

2Cases cited5 opinions

  1. Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
  2. State v. ConklingCalifornia Supreme Court · 1861
  3. Comm'rs of Sedgwick County v. BaileySupreme Court of Kansas · 1874
  4. Farr v. BrackettSupreme Court of Vermont · 1857
  5. Giddings v. CoxSupreme Court of Vermont · 1859

3Cited by6 opinions

  1. Case v. BartholowSupreme Court of Arkansas · 1878
  2. Ruppenthal v. MaagSupreme Court of Kansas · 1941
  3. Hobart v. BeersSupreme Court of Kansas · 1881
  4. S. H. Chatten Lumber Co. v. Scott City Northern RailroadSupreme Court of Kansas · 1915
  5. Evans v. AdamsSupreme Court of Arkansas · 1878

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