Legal Opinion

Emmet & Keifer v. Rotary Mill Co.

Supreme Court of Minnesota

Decided December 15, 1858PublishedCited by 7 opinions

This action was commenced in the District Court of Ramsey County, to recover a balance on account for lumber furnished by the Rotary Mill Company to the Defendants, which lumber was used by the Defendants in the erection and construction of a certain house on two lots in St. Paul. The Plaintiffs asked judgment for the balance due, and that the judgment should hold as a lien upon the premises from the date of furnishing the materials.

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This action was commenced in the District Court of Ramsey County, to recover a balance on account for lumber furnished by the Rotary Mill Company to the Defendants, which lumber was used by the Defendants in the erection and construction of a certain house on two lots in St. Paul. The Plaintiffs asked judgment for the balance due, and that the judgment should hold as a lien upon the premises from the date of furnishing the materials. The Defendants answered with a general denial, and the issues thus raised were referred to a special Referee. A trial was had before him, and he filed a special…

1Opinion of the Court

By the Gomt

Lafayette Emmett, Ch. J.

This case comes *289to us by way of Appeal from an order of tbe Judge of the 2d Judicial District denying a motion for a new trial. The action was instituted for the purpose of securing a lien on certain real property described in the complaint under the Lien Law of A. D. 1855. The amended complaint alleges that the Plaintiffs furnished certain lumber and did certain hauling for the Defendants, at their special instance and request, and that said lumber was used by the Defendants in and about the erection of a building on said premises. It admits, or rather…

2Cited by7 opinions

  1. Olson v. Synergistic Technologies Business Systems, Inc.Supreme Court of Minnesota · 2001
  2. Austin & N. W. R. R. Co. v. Rucker & MontgomeryTexas Supreme Court · 1883
  3. Hannah v. Wilson Lumber Co.West Virginia Supreme Court · 1922
  4. Austin & Northwestern R. R. v. RuckerTexas Supreme Court · 1883
  5. Eberle v. DrennanSupreme Court of Oklahoma · 1912

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