Badger Lumber Co. v. Mayes
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Hall, J. Persons who furnish lumber and materials to manufacturers, to be made up into articles used in the construction of buildings, cannot obtain liens against the buildings in which such articles are used. (Great Western Mfg.
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Appeal from the district court of Lancaster county. Heard below before Hall, J. Persons who furnish lumber and materials to manufacturers, to be made up into articles used in the construction of buildings, cannot obtain liens against the buildings in which such articles are used. (Great Western Mfg. Co. v. Hunter, 15 Neb., 32; Pitts v. Bomar, 33 Ga., 96; Foster v. Dohle, 17 Neb., 631.) The materials mentioned in the second cause of action are not the proper subject of a lien. (Horton v. Carlisle, 2 Disney [O.], 184; Arnold, v. Budlong, 11 R. I., 561; Bennett v. Shackford, 11- Allen [Mass.],…
1Opinion of the Court
Irvine, O.
This was an action brought by the Badger Lumber Company against Willmer Mayes, George D. Mayes, and a number of other defendants for the purpose of foreclosing a mechanic’s lien upon a lot in the city of Lincoln. The petition states two causes of action. The first alleges the sale and delivery by plaintiff to the two Mayeses between November 16, 1888, and December 13, 1888, of material for the construction of a building upon the premises. The second cause of action alleges the sale and delivery between August 10 and November 15, 1888, of lumber and building material to one D. R.…
2Cases cited7 opinions
- Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
- Foster v. DohleNebraska Supreme Court · 1885
- Great Western Manufacturing Co. v. Hunter Bros.Nebraska Supreme Court · 1883
- Holmes v. HutchinsNebraska Supreme Court · 1894
- Dawson v. WilliamsNebraska Supreme Court · 1893
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3Cited by3 opinions
- Stearns-Roger Manufacturing Co. v. Aztec Gold Mining & Milling Co.New Mexico Supreme Court · 1908
- Grand Island Banking Co. v. KoehlerNebraska Supreme Court · 1899
- Finn v. WhittenNebraska Supreme Court · 1961