Johnson v. McClure
New Mexico Supreme Court
Appeal from the District Court of Bernalillo County, Second Judicial District. Facts stated in the opinion. 1. Mechanic lien laws are to be liberally construed.
Read the full summary
Appeal from the District Court of Bernalillo County, Second Judicial District. Facts stated in the opinion. 1. Mechanic lien laws are to be liberally construed. Davis v. Alford, 94 U. S. 547; Flagstaff Mining Co. v. Cul-lins, 104 U. S. 176. 2. An architect who draws the plans and specifications for a building a'nd superintends the erection thereof under employment by the owner or his agent, “performs labor” upon a building within the meaning and language of section 2217 of Com. Laws of 1897, and has a lien upon the premises upon filing the statutory claim for lien. That he performs labor upon…
1Opinion of the CourtParker, J.
This was a suit brought to foreclose a mechanic’s lien by appellant upon a building known as the New Opera House in the City of Albuquerque. All of defendants appeared, two did not plead, two answered and two demurred which demurrers were sustained and the bill dismissed. One of the demurrers was general and to the point that the complaint failed to state facts sufficient to constitute a cause of action. The other demurrer was special and raised the same point and the point that a claim by an architect for services in drawing plans and specifications, for which, it is alleged, there is no…
2Cases cited8 opinions
- Mining Co. v. CullinsSupreme Court of the United States · 1881
- Stryker v. . CassidyNew York Court of Appeals · 1879
- Knight v. NorrisSupreme Court of Minnesota · 1868
- Thompson v. BaxterTennessee Supreme Court · 1893
- Raeder v. BensbergMissouri Court of Appeals · 1879
3 more not listed; retrieve them via the Exa API.