Legal Opinion

James Hunter & Co. v. Truckee Lodge

Nevada Supreme Court

Decided January 15, 1879No. 896Published

Appeal from tbe District Court of the Second Judicial District, Washoe County. The facts appear in the opinion. I. The alteration of Manning & Duck’s notice was an unlawful act, Stat. 1871, 75, and could not confer any rights upon the claimants. It was a new notice and was never sworn to. II. The liens were filed before the completion of the building. This was premature and unauthorized. (Stat. 1875, 122.) III.

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Appeal from tbe District Court of the Second Judicial District, Washoe County. The facts appear in the opinion. I. The alteration of Manning & Duck’s notice was an unlawful act, Stat. 1871, 75, and could not confer any rights upon the claimants. It was a new notice and was never sworn to. II. The liens were filed before the completion of the building. This was premature and unauthorized. (Stat. 1875, 122.) III. Boyd & Courtois’ notice of lien did not show that materials were used or furnished for the building. It should have been excluded. (Houghton v. Blake, 5 Cal. 240; Bottomly v. Grace…

1Opinion

RESPONSE TO PETITION POR REHEARING.

By the Court,

Beatty, C. J.:

This case was originally submitted for decision without a very full or satisfactory argument of the main question involved in the last assignment of error discussed in our former opinion. On account of the important interests depending upon a correct solution of that question we felt unwilling to decide it without a fuller argument, and, believing that the appellant was not entitled under its answer to raise the point, we placed our decision upon that ground. But, a rehearing having been granted, the question alluded to has been…

2Cases cited11 opinions

  1. Pennock v. DialogueSupreme Court of the United States · 1829
  2. Adams v. FieldSupreme Court of Vermont · 1849
  3. State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
  4. Nunez v. City of North Las VegasNevada Supreme Court · 2000
  5. McLane v. AbramsNevada Supreme Court · 1866

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