St. Croix Lumber Co. v. Mitchell
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. D. Haney, Judge. Action by the St. Croix Lumber Company against Lester C. Mitchell, Charles F. Hatch, and William Tennant to enforce a mechanic’s lien. Plaintiff had judgment, and defendants appeal. The facts are stated in the opinion. A record on a former appeal in the same action may be examined by the appellate court to ascertain whether.the same question was then presented upon the same facts.
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Appeal from circuit court, Brown county. Hon. D. Haney, Judge. Action by the St. Croix Lumber Company against Lester C. Mitchell, Charles F. Hatch, and William Tennant to enforce a mechanic’s lien. Plaintiff had judgment, and defendants appeal. The facts are stated in the opinion. A record on a former appeal in the same action may be examined by the appellate court to ascertain whether.the same question was then presented upon the same facts. Plymouth County'Bank v. Gilman, 52 N. W. Rep. 871; McKinley v. Tuttle, 42 Cal. 571. The decision upon the former appeal, the facts being the same as…
1Opinion of the CourtCorson, J.
This was an action brought under the mechanic’s lien law to foreclose a subcontractor’s lien for material furnished to the contractor for the erection of a flouring mill. Judgment was rendered for the plaintiff, and the defendants appeal. The facts found by the court are, in substance, as follows: That on the 6th day of January, 1883, the defendants, under their then firm name of S. S. Pratt & Co., made a contract with the firm of Chisholm Bros. & Gunn to erect for them a flouring mill at Aberdeen, in the then Territory of Dakota; that between April -30 and September 1, 1883, the plaintiff *490sol…
2Cases cited3 opinions
- Plymouth County Bank v. GilmanSouth Dakota Supreme Court · 1892
- St. Croix Lumber Co. v. MitchellSupreme Court Of The Territory Of Dakota · 1889
- Smith v. City of San Luis ObispoCalifornia Supreme Court · 1893
3Cited by17 opinions
- Oklahoma City Electric, Gas & Power Co. v. BaumhoffSupreme Court of Oklahoma · 1908
- Keller v. ThompsonLouisiana Court of Appeal · 1961
- Tanderup v. HansenSouth Dakota Supreme Court · 1896
- Gamble v. KeyesSouth Dakota Supreme Court · 1925
- Wright v. LeeSouth Dakota Supreme Court · 1897
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