Legal Opinion

Wilson v. School District No. 2

Supreme Court of Kansas

Decided July 15, 1876PublishedCited by 14 opinions

Error from Anderson District Court. Emory Wilson, on the 3d of January 1873, filed in the proper office his statement for a mechanic’s lien, claiming a lien on a certain school-house, and the lots upon which it was situated — property of School District No. 2, Anderson county.

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Error from Anderson District Court. Emory Wilson, on the 3d of January 1873, filed in the proper office his statement for a mechanic’s lien, claiming a lien on a certain school-house, and the lots upon which it was situated — property of School District No. 2, Anderson county. Shortly afterward Wilson filed his petition in the district . court, claiming a money-judgment against Isaac Usher, who had contracted with said school district to build said schoolhouse, and the foreclosure of a mechanic’s lien against said school district, Wilson claiming to be a sub-contractor under said Usher. Usher…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Are the provisions of the lien law of 1872 applicable in case of the erection by school districts of public school buildings? This is the principal question in this case, and must, we think, be answered in the affirmative. The language of the act is general and contains in itself no express or implied exceptions of school or other public buildings. “Any mechanic or other person who shall under contract with the owner of any tract or piece of land, his agent or trustee, * * * perform labor or furnish material for erecting, altering, or…

2Cases cited7 opinions

  1. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
  2. City of Chicago v. HasleyIllinois Supreme Court · 1861
  3. Wilson v. Commissioners of Huntingdon CountySupreme Court of Pennsylvania · 1844
  4. Poillon v. . the Mayor, Etc., of the City of New YorkNew York Court of Appeals · 1872
  5. Shellabarger v. ThayerSupreme Court of Kansas · 1875

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
  2. Boise-Payette Lumber Co. v. Challis Independent School District No. 1Idaho Supreme Court · 1928
  3. Board of County Commissioners v. SimmonsSupreme Court of Kansas · 1944
  4. American Seating Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1969
  5. Sullivan v. School District No. 39Supreme Court of Kansas · 1888

9 more not listed; retrieve them via the Exa API.

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