A. B. Martin & Co. v. M. Burns & Co.
Supreme Court of Kansas
Error from JRice District Court. The nature of the action and the material facts appear in the opinion herein, filed February 9,1895. Trial by the court below, at the January term, 1890, Hon. Ansel R. Clark, judge pro tern., presiding — a jury being waived. Judgment for plaintiffs, M. Burns & Co., and against the cross-petitioners, A. B. Martin & Co., who bring the case here.
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
M. Burns & Co. brought an action against A. M. Lasley to recover a personal judgment and to foreclose a mechanic’s lien upon a building in the town of Lyons owned by Lasley. A. B. Martin & Co., who claimed a lien upon the same property, filed an answer and cross-petition, setting up their claim and praying for a foreclosure of their lien. At the close of the testimony the trial court refused to recognize or allow the lien, upon the ground that the statement for the lien did not show the kind and amount of materials furnished, as the…
2Cases cited3 opinions
- Conroy v. PerrySupreme Court of Kansas · 1881
- Blattner v. WadleighSupreme Court of Kansas · 1892
- Newman v. S. A. Brown & Co.Supreme Court of Kansas · 1882
3Cited by3 opinions
- Nixon v. Cydon Lodge No. 5Supreme Court of Kansas · 1896
- Reeves v. Kansas Cooperative Wheat Marketing Ass'nSupreme Court of Kansas · 1932
- F. A. Drew Glass Co. v. Eagle Mill Co.Court of Appeals of Kansas · 1895