Greeley, S. L. & P. R. v. Harris
Supreme Court of Colorado
Appeal from District Court of Boulder County. Appellee brought his action in the court below to enforce a mechanic’s or laborer’s lien against the property of the appellant, under the act of 1881, and by his complaint made the following parties defendants: Thomas B. O’Hara and Charles Schroeder, William H. Oox, C. W. Oollins, and the Greeley, Salt Lake & Pacific Eailroad Company; — alleging that the defendant company was the owner of a certain railway; that it let a contract…
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Appeal from District Court of Boulder County. Appellee brought his action in the court below to enforce a mechanic’s or laborer’s lien against the property of the appellant, under the act of 1881, and by his complaint made the following parties defendants: Thomas B. O’Hara and Charles Schroeder, William H. Oox, C. W. Oollins, and the Greeley, Salt Lake & Pacific Eailroad Company; — alleging that the defendant company was the owner of a certain railway; that it let a contract for the grading of a portion of its road-bed to defendant Collins; that Oollins sublet the work to defendant Cox, and…
1Opinion of the CourtJustice Hayt
Of the fifteen assignments of error in this case it is only necessary for us to notice the last, viz.: “The judgment is contrary to law and against the evidence,” as our decision thereon precludes a recovery by the appellee in this action. The complaint does not state, and the evidence does not show, that the appellee made any attempt to comply with section 4 of the act under which the lien is claimed. No statement as required by said section was either served or posted, and, without complying with this prerequisite, appellee was not entitled to a decree establishing a lien upon appellant’s…
2Cases cited4 opinions
- Barnard v. McKenzieSupreme Court of Colorado · 1878
- San Juan & St. Louis Mining & Smelting Co. v. FinchSupreme Court of Colorado · 1882
- Jensen v. BrownSupreme Court of Colorado · 1875
- Epley v. SchererSupreme Court of Colorado · 1881
3Cited by12 opinions
- Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
- Tighe v. KenyonColorado Court of Appeals · 1984
- Cannon & Dounce v. WilliamsSupreme Court of Colorado · 1890
- Interurban Const. Co. v. Central State Bank of KieferSupreme Court of Oklahoma · 1919
- Great Western Sugar Co. v. F. H. Gilcrest Lumber Co.Colorado Court of Appeals · 1913
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