Black v. Appolonio
Montana Supreme Court
Appeal from, the Third District, Lewis and Clarice County. Black brought this action in May, 1870, to recover $719.50 and interest, and bave the same decreed a lien on the ‘c Walia Walia Hotel.5 ’ The lien set forth, in the .complaint was as follows: “Know all men by these presents that, under an agreement with Joseph Appolonio, the owner of the premises (description omitted by reporter), the undersigned has performed labor and furnished materials in and about (description):…
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Appeal from, the Third District, Lewis and Clarice County. Black brought this action in May, 1870, to recover $719.50 and interest, and bave the same decreed a lien on the ‘c Walia Walia Hotel.5 ’ The lien set forth, in the .complaint was as follows: “Know all men by these presents that, under an agreement with Joseph Appolonio, the owner of the premises (description omitted by reporter), the undersigned has performed labor and furnished materials in and about (description): That said materials were furnished and labor performed (time omitted by reporter): That the amount due thereof, and for…
1Opinion of the CourtKnowles, J.
This is an action to enforce a mechanic’s lien against the Walla Walla Hotel, in the town of Helena, for work and labor done thereon in the erection of the same.
Judgment was given by the court below against Appolonio for $719, and a lien was awarded against the said property for the sum of $600.
The first error assigned is the refusal of the court below to grant a continuance on the affidavits filed and presented in the record.
The refusing or granting a continuance rests in the sound discretion of the court to whom the application is made. 11 Cal. 21; 23 id. 156.
This court cannot review this…
2Cases cited2 opinions
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