Laird v. Moonan
Supreme Court of Minnesota
Appeal by defendants from an order of. the district court for Waseca county, Buckham, J., presiding, overruling their demurrer to the complaint. The action was to enforce a mechanic’s lien, under Gen. St. 1878, c. 90, § 2, for materials furnished by plaintiffs to one Berndt for- use and used by him in a building he was erecting on land of defendant Moonan, under a contract with that defendant.
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Appeal by defendants from an order of. the district court for Waseca county, Buckham, J., presiding, overruling their demurrer to the complaint. The action was to enforce a mechanic’s lien, under Gen. St. 1878, c. 90, § 2, for materials furnished by plaintiffs to one Berndt for- use and used by him in a building he was erecting on land of defendant Moonan, under a contract with that defendant. Section 2 is unconstitutional, as in effect. forfeiting the owner’s property, unless he pays, in some cases, to persons with whom he never contracted, a sum in excess of the price for which he…
1Opinion of the CourtVanderburgh, J.
The constitutional validity of the provisions of the mechanic’s lien law, (Gen. St. 1878, c. 90,) for securing a lien to subcontractors and others furnishing materials or doing work for a contractor or builder in cases arising subsequent to its passage, was recognized by this court in O’Neil v. St. Olaf’s School, 26 Minn. 329, and in Bohn v. McCarthy, 29 Minn. 23. As such liens are incumbrances upon the owner’s title, they can only be created by his consent or authority; and it is upon this ground that such legislation is supported. The statute annexes the lien as an incident to the contract…
2Cases cited13 opinions
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- Colter v. FreseIndiana Supreme Court · 1873
- James Hunter & Co. v. Truckee LodgeNevada Supreme Court · 1879
- O'Neil v. St. Olaf's SchoolSupreme Court of Minnesota · 1880
- Sodini v. WinterCourt of Appeals of Maryland · 1870
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
- Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
34 more not listed; retrieve them via the Exa API.