McMillan v. Phillips
Supreme Court Of The Territory Of Dakota
Appeal from the district court, Minnehaha county; Hon. C.. S. Palmer, Judge. This action brings up two questions: First. Whether a person who has furnished material and lumber for a building, under an agreement with the contractor originally, after having notified the owner, can file a mechanic’s lien, after 60 days have passed by, and enforce it against the building, and owner, to the extent of what he still owes the contractor.
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Appeal from the district court, Minnehaha county; Hon. C.. S. Palmer, Judge. This action brings up two questions: First. Whether a person who has furnished material and lumber for a building, under an agreement with the contractor originally, after having notified the owner, can file a mechanic’s lien, after 60 days have passed by, and enforce it against the building, and owner, to the extent of what he still owes the contractor. This is to be determined by the legislative intent to be gathered from sections 656, 658-660, C. C. Pro.; chapter 94, Laws 1881; and chapter 84, Laws 1883. The first…
1Opinion of the CourtGarland, J.
' Appellants brought their action in the district court of Minnehaha county, to foreclose a mechanic’s lien on lots 15, 16, 17, and 18, and the N. ^ of lot 14, in block 15, of Bennett’s First addition to Sioux Falls. At the trial the appellants here, plaintiffs below, offered testimony tending to show that between July 1 and October 1, 1882, plaintiffs sold and delivered to one McCormack certain building materials, amounting to the sum of $146.05 ; that said materials were used in the construction of a building then being erected for the respondent by said McCormack, under and by virtue of a…
2Cited by5 opinions
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