Legal Opinion

Northland Pine Co. v. Melin Bros.

Supreme Court of Minnesota

Decided April 17, 1919No. 21,118PublishedCited by 9 opinions

Action in the district court for Hennepin county to recover judgment for $17,947.06 and to foreclose a mechanic’s lien for the same.

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Action in the district court for Hennepin county to recover judgment for $17,947.06 and to foreclose a mechanic’s lien for the same. Other lien claimants joined in the proceeding and the case was tried before Steele, J., who made findings of fact and as conclusion of Jaw found “that the building of the said eight fiat buildings on the property described in the findings of fact herein was conceived, planned and carried out as one scheme and plan and constituted one single enterprise, the labor done upon and material furnished for said buildings was done and furnished indiscriminately for all…

1Opinion of the CourtDibell, J.

This is an action to foreclose a mechanic’s lien. There was a single judgment determining the lien claims of the plaintiff and of the defendant lien claimants and adjudging the priority of certain mortgages The appellant is the assignee after judgment of a defendant lien claimant.

1. A party to an action cannot in the trial court adopt a theory of the cause of action, or of the relative rights of himself and other parties, and obtain findings and judgment in accordance therewith, or invite error in the proceedings, and on appeal complain of the judgment which he sought or of errors which he…

2Cited by9 opinions

  1. Olson v. ShephardSupreme Court of Minnesota · 1926
  2. Winter v. Farmers Educational & Cooperative Union of AmericaSupreme Court of Minnesota · 1961
  3. Carr-Cullen Co. v. CooperSupreme Court of Minnesota · 1920
  4. Northland Pine Co. v. Northern Insulating Co.Supreme Court of Minnesota · 1920
  5. Pampusch v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1920

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