St. Kevin Mining Co. v. Isaacs
Supreme Court of Colorado
Appeal from the District Court of Lake County. This action was commenced in the district court of Lake county to.recover the sum of $11,380.70. The appellee alleges in his complaint that this amount was due for work and labor performed, and materials furnished, upon the property of the St. Kevin Mining Company, at its special instance and request. He sues to establish a mechanic’s lien upon certain real property of the defendant company for the amount of his claim.
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Appeal from the District Court of Lake County. This action was commenced in the district court of Lake county to.recover the sum of $11,380.70. The appellee alleges in his complaint that this amount was due for work and labor performed, and materials furnished, upon the property of the St. Kevin Mining Company, at its special instance and request. He sues to establish a mechanic’s lien upon certain real property of the defendant company for the amount of his claim. Afterwards, and before trial, plaintiff abandoned his claim for a lien, and proceeded only upon the money demand. A trial to a…
1Opinion of the CourtChief Justice Hayt
This being an action to enforce a mechanic’s lien under the statute, the appellant contends that a judgment for money is not warranted, the claim of a lien having been abandoned. This was undoubtedly, at one time, the law in this state. See Hart v. Mullen, 4 Colo. 512. But in the case of Cannon v. Williams, 14 Colo. 22, a majority of the court held that this rule was changed by the mechanic’s lien act of 1883; and, although the writer of this opinion did not concur in that conclusion, nevertheless, it having been pronounced by a majority of the court, it must now be considered as controlling…
2Cases cited1 opinion
- Hart & Schlessenger Corp. v. MullenSupreme Court of Colorado · 1878
3Cited by3 opinions
- Finch v. TurnerSupreme Court of Colorado · 1895
- Lowrey v. SvardColorado Court of Appeals · 1896
- Lowrey v. SvardColorado Court of Appeals · 1896