Thompson v. Dale
Supreme Court of Minnesota
Appeal by plaintiff, William Thompson, from an order of the District Court of Ramsey County, William Louis Kelly, J., made February 23, 1894, striking out a portion of his reply. Plaintiff owned the south seventy five feet in length of lot four (4) in block thirty three (33) in the original plat of West St. Paul and brought this action under 1878 Gr. S. ch. 75, § 2, to determine the adverse claims and liens of the defendants, John Dale, Anthony Provost and Walter Ife.
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Appeal by plaintiff, William Thompson, from an order of the District Court of Ramsey County, William Louis Kelly, J., made February 23, 1894, striking out a portion of his reply. Plaintiff owned the south seventy five feet in length of lot four (4) in block thirty three (33) in the original plat of West St. Paul and brought this action under 1878 Gr. S. ch. 75, § 2, to determine the adverse claims and liens of the defendants, John Dale, Anthony Provost and Walter Ife. John Dale and Anthony Provost answered that on January 24, 1890, in an action brought in the District Court of Ramsey County…
1Opinion of the CourtMitchell, J.
The sole question presented by this appeal is whether, in an action to enforce a lien under the former mechanic’s lien law, 1878, G-. S. ch. 90, a personal judgment for the amount of the debt could be docketed, and become a lien on the general property, of the lienee, or other party personally liable for the debt, before the sale of the premises subject to the specific lien, and the application of the amount realized by the sale.
Section 8 of chapter 90 provided that any person holding a lien under that chapter might proceed to obtain judgment and enforce the same in the same manner as in…
2Cases cited3 opinions
- Englund v. LewisCalifornia Supreme Court · 1864
- Slingerland v. ShererSupreme Court of Minnesota · 1891
- Dodge v. AllisSupreme Court of Minnesota · 1880
3Cited by10 opinions
- Winne v. LahartSupreme Court of Minnesota · 1923
- Karl Krahl Excavating Co. v. GoldmanSupreme Court of Minnesota · 1973
- Keys v. SchultzSupreme Court of Minnesota · 1942
- Paschke v. C. W. Adams Lumber Co.Supreme Court of Minnesota · 1927
- Howe v. SearsUtah Supreme Court · 1906
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