Malter v. Falcon Mining Co.
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Elko County. The facts are stated in the opinion. I. The amended complaint shows that the appellants filed in the recorder’s office their claim, containing a statement of their demand, after deducting all just credits and offsets, with the name of the owner, and also the names of the persons by whom they were employed and to whom they furnished the materials, with a statement of the terms, time given and…
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Appeal from the District Court of the Seventh Judicial District, Elko County. The facts are stated in the opinion. I. The amended complaint shows that the appellants filed in the recorder’s office their claim, containing a statement of their demand, after deducting all just credits and offsets, with the name of the owner, and also the names of the persons by whom they were employed and to whom they furnished the materials, with a statement of the terms, time given and conditions of their contract, and also a description of the property to be charged with the lien sufficient for identification…
1Opinion of the Court
By the Court,
Hawley, C. J.:
This action was brought by appellants, as sub-contractors of Morey & Sperry, to foreclose a mechanics’ lien against the Falcon Mining Oompauy. The district court sustained a demurrer, interposed by respondent, to the amended complaint, dismissed the action as against it, and entered judgment in its favor for the costs. Respondent contends that the notice of lien attached to and made a part of the complaint does not in any respect comply with the requirements of section 5 of the act relating to mechanics’ liens. (Stat. 1875, 122.) We will not notice all the various…
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