Decker v. Myles
Supreme Court of Colorado
Appeal from District Court of Boulder County. Myles, the appellee, filed his complaint in the district court of Boulder county on the 31st day of January, 1878 averring substantially : That on April 3, A. D. 1877, and for two years previous, the Victoria Mining Company was the owner of the Victoria mine, Gold Hill mining district, Boulder county, aforesaid.
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Appeal from District Court of Boulder County. Myles, the appellee, filed his complaint in the district court of Boulder county on the 31st day of January, 1878 averring substantially : That on April 3, A. D. 1877, and for two years previous, the Victoria Mining Company was the owner of the Victoria mine, Gold Hill mining district, Boulder county, aforesaid. That said company became indebted to one Rogers and others, for work done, etc., on said lode, commencing March 1, A. D. 1876, ending June 1, 1876; that June 2, A. D. 1876, said Rogers filed in the office of the clerk, etc., of said…
1Opinion of the CourtStone, J.
Two questions are raised by appellants: 1st.. Whether the notice to other lien claimants was published in compliance with the statute; and 2d. Whether lien claimants not made parties and served with process are affected by the decree. The 9th section of the lien law. of 1872-(Sess. Laws, p. 152), under which the proceedings were had,, requires that “ the plaintiff shall cause a notice to be published at least once a wreek for three consecutive weeks in some newspaper published in the county, if there be one, and if not, then by posting the same in the three most public-places in the county,…
2Cases cited9 opinions
- Early v. DoeSupreme Court of the United States · 1854
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Sheldon v. . WrightNew York Court of Appeals · 1851
- Dexter v. ShepardMassachusetts Supreme Judicial Court · 1875
- Olcott v. . RobinsonNew York Court of Appeals · 1860
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3Cited by10 opinions
- Davy v. McNeillNew Mexico Supreme Court · 1925
- Mortgage Trust Co. of Pennsylvania v. ReddSupreme Court of Colorado · 1906
- German National Bank v. ElwoodSupreme Court of Colorado · 1891
- Orman v. BowlesSupreme Court of Colorado · 1893
- Hunt v. Eureka Gulch Mining Co.Supreme Court of Colorado · 1890
5 more not listed; retrieve them via the Exa API.