McGlauflin v. Wormser
Montana Supreme Court
Appeal from District Court, Street Crass Countyj Frank Henry, Judge. Suit by J. P. Mcfflauflin against Andrew Wormser to enforce a meebanic’s lien. From a judgment for (plaintiff, and from an order overruling a motion for a new trial, defendant appeals.
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Appeal from District Court, Street Crass Countyj Frank Henry, Judge. Suit by J. P. Mcfflauflin against Andrew Wormser to enforce a meebanic’s lien. From a judgment for (plaintiff, and from an order overruling a motion for a new trial, defendant appeals. The court erred in overruling the defendant’s motion to re-tax the costs.' (Sections 3360, 3342, 1866, Code of Civil Procedure; Myli/ns v. St. L. F. S. & V. R. Co. (Kan,), 1 Pac. 619.) No attorney fee can be allowed as a part of the costs in a case of this bind, and if permitted by our Code, the section permitting it is unconstitutional and…
1Opinion of the Court
MR. COMMISSIONER GLAYBERG
prepared tbe opinion for tbe court.
This is an action brought to foreclose a mechanics lien. At tbe trial of tbe case, after plaintiff bad introduced bis evidence, defendant moved for a nonsuit, which tbe court overruled. Judgment followed for plaintiff. Defendant made a motion for a new trial, which was overruled. He then appealed from this judgment and tbe order overruling tbe motion for a new trial.
1. Tbe action is based upon a written contract entered into *180between tbe parties for tbe construction of a dwelling bouse. It provides tbat “all payments shall be made…
2Cases cited7 opinions
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Hanley v. WalkerMichigan Supreme Court · 1890
- Michaelis v. WolfIllinois Supreme Court · 1891
- Schmidt v. City of North YakimaWashington Supreme Court · 1895
- Cox v. McLaughlinCalifornia Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Lynes v. Northern Pacific Railway Co.Montana Supreme Court · 1911
- Western Iron Works v. Montana Pulp & Paper Co.Montana Supreme Court · 1904
- Wertz v. LambMontana Supreme Court · 1911
- Stritzel-Spaberg Lumber Co. v. EdwardsMontana Supreme Court · 1914
- Federal Land Bank v. GreenMontana Supreme Court · 1939
22 more not listed; retrieve them via the Exa API.