Nystrom v. London & Northwest American Mortgage Co.
Supreme Court of Minnesota
Action brought in the district court for Ramsey county, to enforce a mechanic’s lien. The defendant above named and Theodore Hamm, mortgagees, separately appeal from an order refusing a,new trial after a trial before Kelly, J., and judgment ordered for plaintiff establishing a lien in his favor for $258.22 on lot 11, in block 14, in Oakville, an addition to St. Paul, superior to the lien of the mortgages of the respective defendants.
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Action brought in the district court for Ramsey county, to enforce a mechanic’s lien. The defendant above named and Theodore Hamm, mortgagees, separately appeal from an order refusing a,new trial after a trial before Kelly, J., and judgment ordered for plaintiff establishing a lien in his favor for $258.22 on lot 11, in block 14, in Oakville, an addition to St. Paul, superior to the lien of the mortgages of the respective defendants. The following opinion was rendered on the appeal of the corporation.
1Opinion of the CourtCollins, J.
1. The real property on which a lien was claimed in this action was described with sufficient certainty in the plaintiff’s, lien-statement or affidavit. The words “in said county,” found -in the averment in respect to and fixing the place where the labor was-performed and materials furnished, referred to their nearest ante-, cedent, the county of Ramsey, already spoken of and specified; -and it was wholly immaterial that this antecedent happened to be of the venue of the instrument. In fact, the use of the term in'this manner, and with reference to the venue in an affidavit for a lien, was…
2Cases cited3 opinions
- Northwestern Cement & Concrete Pavement Co. v. Norwegian-Danish Evangelical Lutheran Augsburg SeminarySupreme Court of Minnesota · 1890
- Russell v. HaydenSupreme Court of Minnesota · 1889
- Nelson v. SykesSupreme Court of Minnesota · 1890
3Cited by6 opinions
- Atlas Lumber Co. v. DupuisSupreme Court of Minnesota · 1914
- Evans v. SanfordSupreme Court of Minnesota · 1896
- Tulloch v. RogersSupreme Court of Minnesota · 1892
- J. J. Howe & Co. v. SmithNorth Dakota Supreme Court · 1897
- Hydraulic Press Brick Co. v. Pierz Co-Operative Ass'nSupreme Court of Minnesota · 1927
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