Adams v. Grand Island & W. C. R.
South Dakota Supreme Court
Appeal from circuit court Lawrence county. Hon. A. J. Plowman, Judge. Action by John Doyle against the Grand Island & Wyoming Central Railroad Company and others to establish and enforce a mechanics lien. Prom a decree in favor of plaintiff defendants other than defendant A. H. Pitch appealed. Pending the appeal plaintiff assigned all his interest in the action to William E. Adams who was substituted as plaintiff.
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Appeal from circuit court Lawrence county. Hon. A. J. Plowman, Judge. Action by John Doyle against the Grand Island & Wyoming Central Railroad Company and others to establish and enforce a mechanics lien. Prom a decree in favor of plaintiff defendants other than defendant A. H. Pitch appealed. Pending the appeal plaintiff assigned all his interest in the action to William E. Adams who was substituted as plaintiff. This case was first determined by this court in an opinion found in 10 S. D. 239; 72 N. W. 577; in which opinion the judgment of the trial court was reversed, subsequently a…
1Opinion of the CourtCorson, J.
This case was argued and determined at a former term of this court, and the opinion is reported in 10 S. D. 239; 72 N. W. 577. A rehearing was granted, and the case is again before us for review.
After a very careful consideration of the authorities and the arguments of the respective- counsel, we adhere to the views expressed in the first part of the opiuion, viz. “that the liability of the owner for labor perfomed under the contract with the contractor or subcontractor is limited to the. amount due from the owner to the contractor or subcontractor at the time the services were performed.”
*426The…
2Cases cited3 opinions
- Farmers Loan & Trust Co. v. Canada & St. Louis Railway Co.Indiana Supreme Court · 1891
- Louisville, New Albany & Chicago Railway Co. v. BoneyIndiana Supreme Court · 1889
- Adams v. Grand Island & W. C. R.South Dakota Supreme Court · 1897
3Cited by2 opinions
- State v. PetersSouth Dakota Supreme Court · 1983
- Congdon & Henry Hardware Co. v. Grand Island & W. C. R.South Dakota Supreme Court · 1901