Cannon & Dounce v. Williams
Supreme Court of Colorado
Appeal from, District Court of Douglas County. Suit was begun by one George O. Bates against James Cannon, Jr., William J. Dounce, Morgan D. Williams and others to establish his claim for services rendered as an attorney, and to secure a prior lien upon certain coal mines as to which two of the defendants were considered owners and the others lien-claimants.
Read the full summary
Appeal from, District Court of Douglas County. Suit was begun by one George O. Bates against James Cannon, Jr., William J. Dounce, Morgan D. Williams and others to establish his claim for services rendered as an attorney, and to secure a prior lien upon certain coal mines as to which two of the defendants were considered owners and the others lien-claimants. Williams filed an answer and cross-complaint, alleging the performance of labor upon the mining property, the non-payment of compensation therefor, and a compliance with the mechanic’s-lien law then in force. He asked judgment for…
1Opinion of the CourtChief Justice Helm
No exceptions were taken to the referee’s findings of fact; hence these findings are to be accepted as true. The decision of this court turns, therefore, upon the law applicable to such facts.
Differences of opinion exist among the decisions as to whether mechanic’s-lien statutes should receive a strict or a liberal construction. But since these statutes are manifestly equitable in purpose and remedial in nature, and especially since the course of legislation on the subject in this state has been reasonably just to all parties concerned, we are inclined to favor the doctrine of liberal…
2Cases cited5 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
- Barnard v. McKenzieSupreme Court of Colorado · 1878
- Greeley, S. L. & P. R. v. HarrisSupreme Court of Colorado · 1888
- Hart & Schlessenger Corp. v. MullenSupreme Court of Colorado · 1878
3Cited by12 opinions
- Ridge Erection Co. v. Mountain States T. & T. Co.Colorado Court of Appeals · 1976
- Hayutin v. GibbonsSupreme Court of Colorado · 1959
- Baldwin v. Spear Bros.Supreme Court of Vermont · 1906
- Chicago Lumber Co. v. NewcombColorado Court of Appeals · 1903
- Finch v. TurnerSupreme Court of Colorado · 1895
7 more not listed; retrieve them via the Exa API.