E. J. Post & Co. v. Miles
New Mexico Supreme Court
Appeal, from decrees sustaining demurrers to and dismissing the bills, from the Second Judicial District Court, Bernalillo County. Reversed and remanded, with instructions to reinstate the cause as to the adult defendants; Lee, J., dissenting. The facts are stated in the opinion of the court. The enforcement of mechanics’ liens should be favored by a liberal construction of the statute. Empire L. & C. Co. v. Engley et al., 33 Pac.
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Appeal, from decrees sustaining demurrers to and dismissing the bills, from the Second Judicial District Court, Bernalillo County. Reversed and remanded, with instructions to reinstate the cause as to the adult defendants; Lee, J., dissenting. The facts are stated in the opinion of the court. The enforcement of mechanics’ liens should be favored by a liberal construction of the statute. Empire L. & C. Co. v. Engley et al., 33 Pac. Rep. 153. Under a statute of California, like the New Mexico statute, providing that a contractor’s claim of lien shall contain, inter alia, the name of the owner,…
1DissentLee, J.
(dissenting). — The questions raised by demurrer in the court below, and which it is sought by appeal to have reviewed in this court, are elementary, and they were supposed to have been fully settled by well recognized authorities. The proceedings are in equity, and seek to enforce a mechanic’s lien against the interest of persons who are part owners to the legal title of certain real estate, for some improvements claimed to have been put on the property by one George H. Miles, who, it is alleged in the notice of lien (which is made part of the bill of complaint), was the lessee of the…
2Cases cited18 opinions
- Paulsen v. ManskeIllinois Supreme Court · 1888
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- Proctor v. TowsIllinois Supreme Court · 1885
- Cornell v. . BarneyNew York Court of Appeals · 1884
- Warren v. QuadeWashington Supreme Court · 1892
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