Legal Opinion

Chamberlain v. City of Lewiston

Idaho Supreme Court

Decided December 21, 1912PublishedCited by 32 opinions

APPEAL from the District Court of the Second Judicial District for Nez Perce County, Hon. E. C. Steele, Judge. Action for foreclosure of mechanic’s lien. Judgment for plaintiffs and defendant appealed. The description in the Chamberlain eases, both in the notices of liens as well as in the complaint, findings and decree, is so indefinite, that the property cannot be located, on the ground, and therefore all of the liens in the Chamberlain case should fail. (Boisot on Meeh.

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APPEAL from the District Court of the Second Judicial District for Nez Perce County, Hon. E. C. Steele, Judge. Action for foreclosure of mechanic’s lien. Judgment for plaintiffs and defendant appealed. The description in the Chamberlain eases, both in the notices of liens as well as in the complaint, findings and decree, is so indefinite, that the property cannot be located, on the ground, and therefore all of the liens in the Chamberlain case should fail. (Boisot on Meeh. Liens, secs. 431; 433; Bloom on Meeh. Liens, see. 399, and cases cited; Rockel on Meeh. Liens, sec. 103,' and cases…

1Opinion of the CourtAilshie, J.

— This action was instituted for the foreclosure of a mechanic’s lien against the property of the city of Lewiston for labor performed and material furnished to J. O. Maxon and C. Henry Payne, original contractors with the city of Lewiston. Maxon and Payne entered into a contract with the city, of Lewiston on the 7th day of September, 1910, wherein and whereby they agreed to construct an extension to the intake pipe to the pumping plant of the water system of the city of Lewiston for a stipulated sum. It appears that the city was the owner of and maintained a waterworks sys*160tern and a pumping…

2Cases cited13 opinions

  1. French v. PowellCalifornia Supreme Court · 1902
  2. Barker & Stewart Lumber Co. v. Marathon Paper Mills Co.Wisconsin Supreme Court · 1911
  3. Bates v. County of Santa BarbaraCalifornia Supreme Court · 1891
  4. Tibbetts v. MooreCalifornia Supreme Court · 1863
  5. Phillips v. Salmon River Mining & Development Co.Idaho Supreme Court · 1903

8 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Pierson v. SewellIdaho Supreme Court · 1975
  2. Electrical Wholesale Supply Co. v. NielsonIdaho Supreme Court · 2001
  3. Great Plains Equipment, Inc. v. Northwest Pipeline Corp.Idaho Supreme Court · 1999
  4. Guyman v. AndersonIdaho Supreme Court · 1954
  5. Fawcett v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920

27 more not listed; retrieve them via the Exa API.

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