Whiteside v. Lebcher
Montana Supreme Court
Appeal from District Court, Custer County. It is true that the notice of Lebcher was not in writing. The statute does not require it to be. Rev. Stats. Mont., sec. 821, p. 581. Whiteside appears to have taken every step required by the statute to entitle him to a lien.
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Appeal from District Court, Custer County. It is true that the notice of Lebcher was not in writing. The statute does not require it to be. Rev. Stats. Mont., sec. 821, p. 581. Whiteside appears to have taken every step required by the statute to entitle him to a lien. All the matters necessary to acquire a lien having been shown, and they having been properly alleged and proved, and the court having, upon a trial, found the facts and entered judgment, no reason appears why the court should have granted a new trial. It could not have been on account of the evidence, because the evidence…
1Opinion of the Court
Galbraith,- J.
This was an action brought by the appellants to enforce a mechanic’s lien against the property of the respondent. They were the subcontractors of one Greenwood, who had a contract with the respondent for the construction of the building against which, as well as the premises on which it was built, the lien was sought to be enforced. The cause was tried by the court sitting without a jury. The court made and filed its findings of fact and conclusions of law, and upon these rendered judgment for the appellants, and decreed that it should be a lien upon the property described in…
2Cited by3 opinions
- United States Fidelity & Guaranty Co. v. WhittakerCourt of Appeals for the Ninth Circuit · 1925
- Horn v. HoltMontana Supreme Court · 1904
- Wyman v. JensenMontana Supreme Court · 1902