Legal Opinion

Lonkey v. Wells

Nevada Supreme Court

Decided October 15, 1881No. 1,050PublishedCited by 23 opinions

Appeal from tbe District Court of the Sixth Judicial District, Eureka County. The facts are stated in the opinion. The plaintiffs had no lien upon the premises described in the complaint. The lien did not specify the items of account. (Heston v. Martin, 11 Cal. 41.) It did not contain a statement of the terms, time given, and conditions of the contract. The act requires this to be done. A failure to comply with this requirement invalidates the lien. (Phil, Mech.

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Appeal from tbe District Court of the Sixth Judicial District, Eureka County. The facts are stated in the opinion. The plaintiffs had no lien upon the premises described in the complaint. The lien did not specify the items of account. (Heston v. Martin, 11 Cal. 41.) It did not contain a statement of the terms, time given, and conditions of the contract. The act requires this to be done. A failure to comply with this requirement invalidates the lien. (Phil, Mech. Liens, sec. 18; Associates of Jersey v. Davidson, 5 Dutch. 415; Ayres v. Severe, 1 Id. 474; Parker v. Anthony, 4 Gray, 289;…

1Opinion of the Court

By the Court,

Hawley, J.:

Section 5 of the ‘ ‘ Act to secure liens to mechanics and others” (Stat. 1875, 122), reads as follows:

“Every original contractor, within sixty days after the completion of his contract, and every person, save the original contractor, claiming the benefit of this chapter, must, within thirty days after the completion of any building, file for record with the county recorder * * v a claim containing a statement of his demand, *273after deducting all just credits and offsets, with the name of the owner * * * and also the name of the person by whom he was employed or to whom…

2Cases cited8 opinions

  1. Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
  2. Goss v. StrelitzCalifornia Supreme Court · 1880
  3. De Boom v. PriestlyCalifornia Supreme Court · 1850
  4. Coit v. WaplesSupreme Court of Minnesota · 1854
  5. Elliott v. IversNevada Supreme Court · 1871

3 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Wells, Inc. v. ShoemakeNevada Supreme Court · 1947
  2. Daly v. Swift & Co.Montana Supreme Court · 1931
  3. Leftwich Lumber Co. v. Florence Mutual Building, Loan & Savings Ass'nSupreme Court of Alabama · 1894
  4. Hardin v. EmmonsNevada Supreme Court · 1898
  5. Maynard v. IveyNevada Supreme Court · 1892

18 more not listed; retrieve them via the Exa API.

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