Smith v. Sherman Mining Co.
Montana Supreme Court
Appeal from Sixth Judicial District, Meagher County. Actions to foreclose mechanic’s liens. Judgment was rendered for the plaintiffs below by Henry, J. An account is “a list of items of debts and credits with their respective dates.” (Burrill’s Law Diet. p. 22, title “Account.”) A reference to the liens shows that in no case do they contaiu an account.
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Appeal from Sixth Judicial District, Meagher County. Actions to foreclose mechanic’s liens. Judgment was rendered for the plaintiffs below by Henry, J. An account is “a list of items of debts and credits with their respective dates.” (Burrill’s Law Diet. p. 22, title “Account.”) A reference to the liens shows that in no case do they contaiu an account. There is no detailed statement of the demands: only a statement setting down in a round sum what plaintiff claims as the balance due. This is insufficient under the decisions of States where the statute requires the filing of a “just and true…
1Opinion of the CourtBlake, C. J.
This is an appeal from a judgment for the foreclosure of six mechanics’ liens upon a lode mining claim. There is no material difference in the facts upon which the respective demands rest, and all depend upon the same legal propositions. We will set forth the exhibits, which are made a part of the complaint of Smith, to illustrate the questions which have been discussed by counsel:—
“State of Montana, 1 County of Meagher, j ss'
“Exhibit B. Landon A. Smith, affiant, makes oath, and says that the annexed is a true and correct account of the labor performed and material furnished by him to and for…
2Cases cited12 opinions
- Davis v. AlvordSupreme Court of the United States · 1877
- Merrigan v. EnglishMontana Supreme Court · 1889
- George Ainslie & Co. v. Bertha Kohn & Thompson, De Hart & Co.Oregon Supreme Court · 1888
- Willamette Steam Mills Co. v. KremerCalifornia Supreme Court · 1891
- Tredinnick v. Red Cloud Consolidated Mining Co.California Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Eskestrand v. WunderMontana Supreme Court · 1933
- Western Iron Works v. Montana Pulp & Paper Co.Montana Supreme Court · 1904
- Johnson v. Puritan Mining Co.Montana Supreme Court · 1896
- Fausett v. BlanchardMontana Supreme Court · 1969
7 more not listed; retrieve them via the Exa API.