Legal Opinion

Gould v. Wise

Nevada Supreme Court

Decided January 15, 1884No. 1147PublishedCited by 30 opinions

Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts sufficiently appear in- the opinion. I. The act of 1875 gives no lien to the plaintiff for the material of the machinery or castings furnished. The clear and unmistakable declaration in section nineteen is to the effect that only persons performing work or labor on the machinery, etc., shall have a lien.

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Appeal from the District Court of the Fourth Judicial District, Humboldt County. The facts sufficiently appear in- the opinion. I. The act of 1875 gives no lien to the plaintiff for the material of the machinery or castings furnished. The clear and unmistakable declaration in section nineteen is to the effect that only persons performing work or labor on the machinery, etc., shall have a lien. It is also plain, that no lien is given to laborers for the carrying on of the mill. II. The right of lien is founded upon contract. There must be a contract, express or implied, before a right of lien…

1Opinion of the Court

By the Court,

Belknap, J.:

Foreclosure of mechanics’ liens. The Boca Mill Company, *258a corporation, was the owner of reduction works, and the land upon which they are situated. One Torrey entered into the possession of the premises under a written lease, duly recorded, for the term of two years. During Torrey's term the plaiutiff and iutervenors furnished materials and labor which were used in repairing and “carrying on” the mill. This suit is brought against defendant, as the successor in interest of the Boca Mill Company to the property, to enforce lien claims for the materials and labor so…

2Cases cited8 opinions

  1. James Hunter & Co. v. Truckee LodgeNevada Supreme Court · 1879
  2. People ex rel. Gale v. Supervisor of OnondagaMichigan Supreme Court · 1867
  3. Nazro v. Merchants' Mutual InsuranceWisconsin Supreme Court · 1861
  4. Turner v. StateSupreme Court of Alabama · 1866
  5. Moody & Perkins v. StephensonSupreme Court of Minnesota · 1857

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3Cited by30 opinions

  1. Lewis v. StateCourt of Criminal Appeals of Texas · 1910
  2. Hardy Companies, Inc. v. SNMARK, LLCNevada Supreme Court · 2010
  3. Wilkins v. AbellSupreme Court of Colorado · 1899
  4. United States v. Westmoreland Manganese Corp.District Court, E.D. Arkansas · 1955
  5. McBride v. SteinwedenSupreme Court of Kansas · 1906

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