Antlers Park Regent Mining Co. v. Cunningham
Supreme Court of Colorado
Appeals from the District Court of Mineral County. These actions were commenced by the respective appellees to foreclose mechanics’ liens upon mining property the title to which is vested in appellant. The latter was the lessor of the premises upon which the liens are claimed. The work performed and materials furnished on account of which the liens are asserted were performed and furnished at the instance of the lessee.
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Appeals from the District Court of Mineral County. These actions were commenced by the respective appellees to foreclose mechanics’ liens upon mining property the title to which is vested in appellant. The latter was the lessor of the premises upon which the liens are claimed. The work performed and materials furnished on account of which the liens are asserted were performed and furnished at the instance of the lessee. From a judgment establishing liens upon the title of the lessor in the leased premises for the amount of the claims of the respective appellees, with attorney’s fees, the…
1Opinion of the CourtJustice Gabbert
In Davidson v. Jennings, 27 Colo. 187, it was expressly held that the part of the mechanics’ lien act which provides for the taxing of a fee for plaintiff’s attorney as costs in all suits of foreclosure of such *286liens in which plaintiff shall obtain a judgment and decree of foreclosure, is unconstitutional and void. The question is so fully discussed in that case, and the reasons given for the conclusion so clear and satisfactory, that it is unnecessary to rediscuss it here.
Since these causes were tried below, this court, in Wilkins v. Abell, 26 Colo. 462, has determined that under the law by…
2Cases cited3 opinions
- Davidson v. JenningsSupreme Court of Colorado · 1900
- Wilkins v. AbellSupreme Court of Colorado · 1899
- Shapleigh v. HullSupreme Court of Colorado · 1895
3Cited by13 opinions
- Pacific Mutual Life Insurance v. Van FleetSupreme Court of Colorado · 1910
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Fisher v. McPhee & McGinnity Co.Colorado Court of Appeals · 1913
- Williams v. Eldora-Enterprise Gold Mining Co.Supreme Court of Colorado · 1905
- Grimm v. YatesSupreme Court of Colorado · 1914
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