Benson v. Pedro
District Court, D. Alaska
This is an action to foreclose labor liens of Robert Benson and five others under the provisions of chapter, 13, Session Laws 1915. Th'e several claims amount to $2,234.50; attorney’s fees are demanded in the sum of $444, and the sum of $45 is sought to be recovered for the necessary expense of preparing and recording the lien claims, making an amount of $2,723.50, together with costs.
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This is an action to foreclose labor liens of Robert Benson and five others under the provisions of chapter, 13, Session Laws 1915. Th'e several claims amount to $2,234.50; attorney’s fees are demanded in the sum of $444, and the sum of $45 is sought to be recovered for the necessary expense of preparing and recording the lien claims, making an amount of $2,723.50, together with costs. The property sought to be charged is described as: “The whole of creek placer claim Number one (1) above Discovery on Pedro Creek, in the Fairbanks precinct, territory of Alaska; on the mining machinery situate…
1Opinion of the Court
'BUNNELL, District Judge.
The issue for determination on the trial of a cause are those made up by the pleadings. The contention of the defendants Gustafson and Herkenrath is that “the posting by them as provided by law, of nonliability notices disclaiming all liability for any material or labor furnished for said Mary E. Pedro while conducting mining operations on the ground,” as an affirmative defense, requires on the part of the plaintiffs a denial by reply; otherwise, it stands admitted and no proof thereof is necessary, while the plaintiffs contend that the same is simply a conclusion of…
2Cases cited5 opinions
- Denver Circle R. v. NestorSupreme Court of Colorado · 1887
- Larsen v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1890
- Schultz v. SelbergOregon Supreme Court · 1916
- Saling v. BolanderCourt of Appeals for the Ninth Circuit · 1903
- Northwestern Mutual Life Insurance v. CommonwealthCourt of Appeals of Kentucky · 1915