Keller v. Houlihan
Supreme Court of Minnesota
Action to enforce a mechanic’s lien against land and the buildings thereon, belonging to defendant, in the city of St. Paul. The complaint alleges the furnishing of lumber and material by plaintiffs, as-partners, to one Potter, to be used, and which were used, in the house in question, which Potter was then engaged in constructing under a contract with defendant, the owner.
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Action to enforce a mechanic’s lien against land and the buildings thereon, belonging to defendant, in the city of St. Paul. The complaint alleges the furnishing of lumber and material by plaintiffs, as-partners, to one Potter, to be used, and which were used, in the house in question, which Potter was then engaged in constructing under a contract with defendant, the owner. At the trial, before Brill, J., it appeared that the affidavit for lien stated “that between the first day of June, 1882, and the fifth day of August, 1882, said C. E. Keller & Co. furnished the lumber and material…
1Opinion of the CourtMitchell, J.
This action is to enforce a lien against the real estate of defendant, under Gen. St. 1878, c, 90, § 2, for materials furnished by plaintiffs to one Potter for the construction of certain buildings which the latter had contracted with defendant to erect for him on the premises referred to. The only question is as to the sufficiency of the affidavit to account for a lien, filed in the office of the register of deeds. The material parts of the affidavit are that plaintiffs (at a time named) furnished the material described and set forth in the account hereto attached, (which is a bill of items…
2Cases cited2 opinions
- O'Neil v. St. Olaf's SchoolSupreme Court of Minnesota · 1880
- Clark v. SchatzSupreme Court of Minnesota · 1877
3Cited by17 opinions
- McDonald v. RosengartenIllinois Supreme Court · 1890
- Harper Lumber & Manufacturing Co. v. C. O. TeateSupreme Court of Florida · 1929
- Harris v. HarrisColorado Court of Appeals · 1897
- Gilfillan v. HobartSupreme Court of Minnesota · 1886
- Smith v. HeadleySupreme Court of Minnesota · 1885
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