Legal Opinion

Helena Steam-Heating & Supply Co v. Wells

Montana Supreme Court

Decided April 15, 1895PublishedCited by 21 opinions

Appeal from First Judicial District, Lewis and Cla/rke County. Action for foreclosure of mechanic’s lien. Judgment was rendered for the plaintiff below by Hunt, J. Statement of the case by the justice delivering the opinion. This is an action to foreclose a mechanic’s lien. The issues were tried with a jury.

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Appeal from First Judicial District, Lewis and Cla/rke County. Action for foreclosure of mechanic’s lien. Judgment was rendered for the plaintiff below by Hunt, J. Statement of the case by the justice delivering the opinion. This is an action to foreclose a mechanic’s lien. The issues were tried with a jury. Special findings of fact were submitted and made by the jury, and a general verdict for plaintiff returned. . . ■■ The findings of fact submitted to and returned by the jury are as follows: “(1) Was there a general arrangement between O’Brien and the plaintiff by which O’Brien was to…

1Opinion of the CourtPemberton, C. J.

The evidence upon which the findings were made is not before this court. There is no contention that the evidence did not warrant the findings. The appellants contend that, under the findings of the jury, the court erred in rendering judgment for the plaintiff in the sum of five hundred and eighty-two dollars and seventy-seven cents, and for one hundred dollars attorney’s fee, with costs of suit. It is contended by appellants that only one item of the materials for which alien is claimed, amounting to twenty-four cents, was sold and delivered by plaintiff within 46 days before the filing of…

2Cases cited5 opinions

  1. Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
  2. Wortman v. KleinschmidtMontana Supreme Court · 1892
  3. Kearney v. WurdemanMissouri Court of Appeals · 1889
  4. Lamb v. HannemanSupreme Court of Iowa · 1874
  5. Fulton Iron Works v. North Center Creek Mining & Smelting Co.Supreme Court of Missouri · 1883

3Cited by21 opinions

  1. Title Guarantee Co. v. WrennOregon Supreme Court · 1899
  2. Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
  3. Waite v. Utah Labor Comm'nUtah Supreme Court · 2017
  4. Thompson v. Wise Boy Mining & Milling Co.Idaho Supreme Court · 1903
  5. Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940

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