McIntyre v. MacGinniss
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J.. Lynch, Judge. Action by R. B. McIntyre against the Montana Gold Mountain Mining Company and others. From a judgment for plaintiff and an order denying his motion for a new trial, defendant. John MacGinniss appeals. No particular form of lien statement is required. All that is necessary is that the language used in the statement must convey and express in an intelligent manner the meaning and intent of the statute.
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Appeal from District Court, Silver Bow County; Jeremiah J.. Lynch, Judge. Action by R. B. McIntyre against the Montana Gold Mountain Mining Company and others. From a judgment for plaintiff and an order denying his motion for a new trial, defendant. John MacGinniss appeals. No particular form of lien statement is required. All that is necessary is that the language used in the statement must convey and express in an intelligent manner the meaning and intent of the statute. To hold otherwise would be in effect, in many instances, to defeat a just and equitable claim on mere technicalities.…
1Opinion of the CourtChief Justice Brantly
This action was brought by plaintiff to recover of defendants Montana Gold Mountain Mining Company (hereafter referred to as the company), John MacGinniss, B. T. Spaulding and James Breen for services performed by him as a laborer, at their instance and request, between August 1, 1907, and Novem*91ber 1, 1907, and to establish a lien for the amount alleged to be due upon three mining claims, with a mill thereon, situate in Silver Bow county, upon which the labor was performed, and of which the said defendants are alleged to be the owners. Plaintiff also sued as assignee of sixteen other…
2Cases cited7 opinions
- Merrigan v. EnglishMontana Supreme Court · 1889
- McGlauflin v. WormserMontana Supreme Court · 1903
- Copper Mountain Mining & Smelting Co. v. Butte & Corbin Con. Copper & Silver Mining Co.Montana Supreme Court · 1909
- Black v. AppolonioMontana Supreme Court · 1871
- Smith v. Sherman Mining Co.Montana Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Williard v. CampbellMontana Supreme Court · 1932
- Rogers-Templeton Lumber Co. v. WelchMontana Supreme Court · 1919
- The Yamato v. Bank of Southern CaliforniaCalifornia Supreme Court · 1915
- Fausett v. BlanchardMontana Supreme Court · 1969
5 more not listed; retrieve them via the Exa API.