Rosina v. Trowbridge
Nevada Supreme Court
Appeal from the District Court of the Fifth Judicial District, ISTye County. The facts are stated in the opinion. I. The court erred in striking out the allegations in defendant’s answer as to the ownership of the mine. These averments constituted matter in abatement of the action against N. S. Trowbridge. (McDonald v. Backus, 45 Cal. 262; Hawes Par. Sec. 103; Gen. Stat. 3036; Phill. Mee.
Read the full summary
Appeal from the District Court of the Fifth Judicial District, ISTye County. The facts are stated in the opinion. I. The court erred in striking out the allegations in defendant’s answer as to the ownership of the mine. These averments constituted matter in abatement of the action against N. S. Trowbridge. (McDonald v. Backus, 45 Cal. 262; Hawes Par. Sec. 103; Gen. Stat. 3036; Phill. Mee. L. Sec. 394, 399.)' The-party seeking a lien is only entitled to have it against the land or premises belonging to the person or persons who caused the improvements to be made thereon. (Gen. Stat. 3810,…
1Opinion of the Court
By the Court,
Leonard, C. J.:
Action to enforce a lien for labor performed by plaintiff upon the “Two G.” mine described in the complaint. Appeal, from judgment and order overruling defendant’s motion for a new trial. The following facts are undisputed : When plaintiff performed the work, and up to and including the time of trial, defendant was the owner of the legal title to the premises in question, the same having been conveyed to him by sheriff’s deed. Before plaintiff commenced work, Henry Boddick entered into a contract with H. S. Trowbridge & Co., whereby the latter agreed to furnish the…
2Cases cited27 opinions
- Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
- Hidden v. JordanCalifornia Supreme Court · 1865
- Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
- Dickey v. DavisCalifornia Supreme Court · 1870
- Wilkins v. StidgerCalifornia Supreme Court · 1863
22 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McGurn v. McInnisNevada Supreme Court · 1898
- Young v. Nevada Title Co.Nevada Supreme Court · 1987
- Peccole v. Luce & Goodfellow, Inc.Nevada Supreme Court · 1949
- Lamb v. Goldfield Lucky Boy Mining Co.Nevada Supreme Court · 1914
- Layne v. HuffmanOhio Court of Appeals · 1974
10 more not listed; retrieve them via the Exa API.