Johnson v. Erickson
Montana Supreme Court
Appeals from- District Court of Richland County; C. C. Hurley, Judge. Action by J. C. Johnson against Henry Erickson and others. From a judgment refusing to decree the foreclosure of a materialman’s lien, and from orders overruling plaintiff’s motion for leave to amend the complaint and to set aside the judgment on the ground that it had been prematurely entered, plaintiff appeals.
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Appeals from- District Court of Richland County; C. C. Hurley, Judge. Action by J. C. Johnson against Henry Erickson and others. From a judgment refusing to decree the foreclosure of a materialman’s lien, and from orders overruling plaintiff’s motion for leave to amend the complaint and to set aside the judgment on the ground that it had been prematurely entered, plaintiff appeals. Appellant’s view of the law is that he correctly described the property in question, and that the addition of the word “second” to “L. E. Newlon Addition” is surplusage and immaterial. It does not by any omission…
1Opinion of the CourtJustice Holloway
Plaintiff having furnished materials to Erickson and Simons for the construction of a store building in Fairview, brought this action to foreclose a mechanic’s lien. All the defendants, except the Ailing Mercantile & Lumber Company, defaulted, *553and this company, a judgment creditor of Erickson and Simons, contested the validity of plaintiff’s lien. The cause was tried upon an agreed statement of facts, from which the court deduced the conclusion that plaintiff was entitled to a money judgment only, and refused to decree a foreclosure of the lien. From that judgment and from two certain orders…
2Cases cited10 opinions
- Daly v. Multnomah CountyOregon Supreme Court · 1886
- Seaton v. G. C. Hixon & Co.Supreme Court of Kansas · 1886
- Hughes v. TorgersonSupreme Court of Alabama · 1892
- Western Iron Works v. Montana Pulp & Paper Co.Montana Supreme Court · 1904
- Goodrich Lumber Co. v. DavieMontana Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Federal Land Bank v. GreenMontana Supreme Court · 1939
- Savoy Oil Co. v. EmerySupreme Court of Oklahoma · 1928
- Callender v. Crossfield Oil SyndicateMontana Supreme Court · 1929
- Midland Coal & Lumber Co. v. FergusonMontana Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.