Miles v. Coutts
Montana Supreme Court
Appeal from District Court, Park county. D. J. Rose, Judge. Action brought by A. W. Miles against A. F. Coutts and others to foreclose a mechanic’s lien. From the judgment of the lower court, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action to foreclose a mechanic’s lien, brought by plaintiff, who is a material man, and claims a lien as such. The complaint is in the usual form used in cases of this kind.
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Appeal from District Court, Park county. D. J. Rose, Judge. Action brought by A. W. Miles against A. F. Coutts and others to foreclose a mechanic’s lien. From the judgment of the lower court, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action to foreclose a mechanic’s lien, brought by plaintiff, who is a material man, and claims a lien as such. The complaint is in the usual form used in cases of this kind. The answers, after denying the several allegations of the complaint, allege : £ ‘And, for a further and separate defense to-the said action,…
1Opinion of the CourtPemberton, C. J.
The plaintiff in this case is a material man, and, as such, is endeavoring to enforce a lien against the premises in question. It is conceded that he is entitled to the relief he seeks in this suit, unless he is estopped and barred from claiming a lien by the terms of the eleventh clause of the contract entered into by and between the original contractor and the owner of the building and premises in controversy, which clause is pleaded by the defendants. This clause is given in full in the statement above.
It cannot be disputed that our lien law gives a material man a lien for the materials…
2Cases cited5 opinions
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Norton v. ClarkSupreme Judicial Court of Maine · 1893
- W. F. Whittier v. J. W. WilburCalifornia Supreme Court · 1874
- Loyd & Co. v. Krause & SonsSupreme Court of Pennsylvania · 1892
3Cited by9 opinions
- Arizona Eastern Railroad v. Globe Hardware Co.Arizona Supreme Court · 1913
- Myers v. Strowbridge Estate Co.Oregon Supreme Court · 1916
- Hume v. Seattle Dock Co.Oregon Supreme Court · 1914
- Morin Lumber Co. v. PersonMontana Supreme Court · 1940
- Aikens v. FrankMontana Supreme Court · 1898
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