Durkheimer v. Copperopolis Copper Co.
Oregon Supreme Court
From Grant: George E. Davis, Judge. Statement by Mr. Justice McBride. This is a suit by M. Durkheimer to foreclose certain laborers’ liens upon mining property in Grant County. Plaintiff sued for himself and as assignee of certain claimants, whose lien claims had been transferred to him. There are five liens ‘involved, and each is set out as a separate cause of suit.
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From Grant: George E. Davis, Judge. Statement by Mr. Justice McBride. This is a suit by M. Durkheimer to foreclose certain laborers’ liens upon mining property in Grant County. Plaintiff sued for himself and as assignee of certain claimants, whose lien claims had been transferred to him. There are five liens ‘involved, and each is set out as a separate cause of suit. The first cause is upon a lien filed by plaintiff for provisions, hardware, and supplies furnished by him to the defendant company. The second cause is upon a lien filed by W. W. Gibbs for labor as superintendent and general…
1Opinion of the CourtJustice McBride
1. The sufficiency of W. W. Gibbs’ lien depends upon the construction of Section 5668, B. & C. Comp., as amended by the Session Laws 1907, p. 294. So much of the amended section as is necessary to cite here reads as follows:
“Every person who shall perform labor upon * * any mine, lode, mining claim * * shall have a lien,” etc. Section 5669, as amended, reads as follows: “It shall be the duty of every laborer or materialman claiming the benefit of this act, within sixty days after he has ceased to labor thereon from any cause, or has ceased to furnish materials therefor, to file with the…
2Cases cited11 opinions
- Mining Co. v. CullinsSupreme Court of the United States · 1881
- Sutherlin v. BloomerOregon Supreme Court · 1907
- John S. Hanes & Co. v. WadeyMichigan Supreme Court · 1889
- Willamette Falls Transportation & Millling Co. v. RemickOregon Supreme Court · 1855
- M. K. & T. Railway Co. v. BakerSupreme Court of Kansas · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Washburn v. Inter-Mountain Mining Co.Oregon Supreme Court · 1910
- Bartels v. McCulloughOregon Supreme Court · 1921
- D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd.Alaska Supreme Court · 2002
- White v. Constitution Mining & Milling Co.Idaho Supreme Court · 1936
- McCreary v. Toronto Midway Oil Co., Ltd.California Court of Appeal · 1918
4 more not listed; retrieve them via the Exa API.