Shaw v. Mason
Supreme Court of Kansas
Error from Douglas District Court. The opinion contains a sufficient statement of all the facts' upon the questions decided. The case below Avas tried at the February Term 1872. A personal judgment was rendered in favor of plaintiff Shaio for $502.97, and costs.
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Error from Douglas District Court. The opinion contains a sufficient statement of all the facts' upon the questions decided. The case below Avas tried at the February Term 1872. A personal judgment was rendered in favor of plaintiff Shaio for $502.97, and costs. Plaintiff moved for a further judgment or decree foreclosing a mechanic’s lien for said sum, and also for an order continuing his attachment-lien, and for the sale of the attached property, to satisfy said personal judgment. The district court denied these motions, and the plaintiff brings the case here on error. 1. Did the court err…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Plaintiff brought suit in the district court alleging that he had built a house for defendant under a written contract, and seeking to foreclose a mechanic’s lien. He also caused an attachment to be issued and levied. The district court gave him a personal judgment for the balance due on the contract, but refused the foreclosure, or to grant .an order of sale of the projaerty attached. Of this he complains, and by proper motions brings the questions here. At the outset we are met by the objection of the defendant that the plaintiff ought not…
2Cases cited4 opinions
- Brown v. WoodSupreme Court of Missouri · 1854
- Shepard v. GiddingsSupreme Court of Connecticut · 1852
- Guthrie v. MerrillSupreme Court of Kansas · 1867
- Glass Co. v. LudlumSupreme Court of Kansas · 1871
3Cited by7 opinions
- Pringey v. GussSupreme Court of Oklahoma · 1906
- Deitz v. RegnierSupreme Court of Kansas · 1882
- Fisher & Ball v. CarterSupreme Court of Iowa · 1916
- State v. GormanSupreme Court of Kansas · 1923
- Londoner v. StewartSupreme Court of Colorado · 1876
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