Pacific States Savings, Loan & Building Co. v. Dubois
Idaho Supreme Court
APPEAL from the District Court in and for Ada County. Honorable George H. Stewart, Judge. Action by A. J. Turley and others against J. K. Dubois. From the judgment the Pacific States Savings, Loan and Building Company appeals. The facts are fully stated in the opinion. This question involves a construction of the statutes of Idaho relating to mechanics’ liens, and the particular sections involved are found in the laws of the Fifth Session of 1899 of Idaho.
Read the full summary
APPEAL from the District Court in and for Ada County. Honorable George H. Stewart, Judge. Action by A. J. Turley and others against J. K. Dubois. From the judgment the Pacific States Savings, Loan and Building Company appeals. The facts are fully stated in the opinion. This question involves a construction of the statutes of Idaho relating to mechanics’ liens, and the particular sections involved are found in the laws of the Fifth Session of 1899 of Idaho. In the case of Boot v. Bryant, 57 Cal. 48, the court in the syllabi say: “Intermediate to the execution and recording of a mortgage, work…
1Dissent
AILSHIE, J.,
Dissenting. — The provisions of the lien law under consideration are, it seems to me, too plain and clear to require any construction, but the view taken of them by my associates is so diametrically opposed to what I conceive to be the plain and simple meaning of the English language in which these statutes are expressed that I find myself poring over them to find the meaning my brothers give them. The first territorial legislature, in 1864, enacted a lien law, and nearly every succeeding legislature from that time until the 1881 session either amended the law as it then existed…
2Cases cited19 opinions
- Oriental Hotel Company v. GriffithsTexas Supreme Court · 1895
- Watts v. SweeneyIndiana Supreme Court · 1891
- Pacific Mutual Life Insurance Co. v. FisherCalifornia Supreme Court · 1895
- Davis v. BilslandSupreme Court of the United States · 1874
- Neilson v. Iowa Eastern Railway Co.Supreme Court of Iowa · 1876
14 more not listed; retrieve them via the Exa API.