Frankoviz v. Smith
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Otter Tail county, Baxter, J., presiding, vacating and setting aside a judgment entered upon default.
1Opinion of the CourtGilfillan, C. J.
Action to foreclose a lien claimed for material sold and delivered to a contractor in constructing a house for defendant Smith. Judgment having been entered by default, the court below, on motion of defendant Smith, set it aside as to him, on the ground, in effect, that the complaint does not show that plaintiff had a lien when the action was commenced.
A complaint in an action to enforce a mechanic’s lien must, of course, (as in any other action,) state facts sufficient to constitute a cause of action, — must, by its allegations of fact, show plaintiff entitled to judgment.
The objection to…
2Cases cited4 opinions
- Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
- Kingsley v. GilmanSupreme Court of Minnesota · 1870
- O'Leary v. BurnsMississippi Supreme Court · 1876
- Schmeiding v. EwingSupreme Court of Missouri · 1874
3Cited by29 opinions
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
- Spencer v. HaugSupreme Court of Minnesota · 1891
- American Bridge Co. v. HonstainSupreme Court of Minnesota · 1913
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
- Paine & Nixon Co. v. DahlvickSupreme Court of Minnesota · 1917
24 more not listed; retrieve them via the Exa API.