E. J. Post & Co. v. Miles
New Mexico Supreme Court
Appeal, from decrees sustaining demurrers to and dismissing the bills, from the Second Judicial District Court, Bernalillo County. Reversed and remanded, with instructions to reinstate the cause as to the adult defendants; Lee, J., dissenting. The facts are stated in the opinion of the court. The enforcement of mechanics’ liens should be favored by a liberal construction of the statute. Empire L. & C. Co. v. Engley et al., 33 Pac.
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Appeal, from decrees sustaining demurrers to and dismissing the bills, from the Second Judicial District Court, Bernalillo County. Reversed and remanded, with instructions to reinstate the cause as to the adult defendants; Lee, J., dissenting. The facts are stated in the opinion of the court. The enforcement of mechanics’ liens should be favored by a liberal construction of the statute. Empire L. & C. Co. v. Engley et al., 33 Pac. Rep. 153. Under a statute of California, like the New Mexico statute, providing that a contractor’s claim of lien shall contain, inter alia, the name of the owner,…
1Opinion of the CourtFreeman, J.
These were proceedings to enforce mechanics’ and material men’s liens on the Armijo House, a hotel in the city of Albuquerque. They were consolidated and heard together in the court below. A demurrer was interposed by the adult defendants, which assigned, among other causes: (1) That two of the defendants were minors, and could not, therefore, either by themselves or guardians, create a lien on their real estate; (2) that the notice of lien showed that the. contract for work and materials was entered into by the lien claimants with Miles, who was not the-owner of the real estate, without…
2Cases cited8 opinions
- Neeley v. SearightIndiana Supreme Court · 1888
- Proctor v. TowsIllinois Supreme Court · 1885
- Warren v. QuadeWashington Supreme Court · 1892
- Kellogg v. Littell & Smythe Manufacturing Co.Washington Supreme Court · 1890
- Donaldson v. HolmesIllinois Supreme Court · 1859
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3Cited by4 opinions
- Krametbauer v. McDonaldNew Mexico Supreme Court · 1940
- Boone v. SmithNew Mexico Supreme Court · 1968
- Southwestern Public Service Co. v. Chaves CountyNew Mexico Supreme Court · 1973
- Michael R. Evans and Kelly N. EvansUnited States Bankruptcy Court, D. New Mexico · 2023