St. Croix Lumber Co. v. Mitchell
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Brown county; Hon. L. K. Church, Judge. This was an action by the St. Croix Lumber Company against L. C. Mitchell, C. H. Hatch and ¥m. Tenant to foreclose a mechanic’s lien.
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APPEAL from the district court, Brown county; Hon. L. K. Church, Judge. This was an action by the St. Croix Lumber Company against L. C. Mitchell, C. H. Hatch and ¥m. Tenant to foreclose a mechanic’s lien. The case was tried by the’court and it made the following findings : That on the 6th day of January, 1883, the firm of S. S. Pratt & Co. entered into a written contract with Chisholm Bros. & Gunn to erect a flouring mill and commenced the erection thereof soon thereafter; that before its completion said Pratt sold bis interest in the mill and contract to his copartners, Mitchell and Hatch,…
1Opinion of the Court
By the Court :
This case is reversed upon the ground that the law of 1883, which repealed the statute of 1877, in so far as it required notice to be given to the owner of the premises, affected the remedy only, and the court below erred in holding such notice essential to the validity of the lien for materials furnished after the passage of such law.
2Cited by3 opinions
- St. Croix Lumber Co. v. MitchellSouth Dakota Supreme Court · 1894
- Larson Concrete Co. v. StroscheinSouth Dakota Supreme Court · 1984
- Larson Concrete Co. v. StroscheinSouth Dakota Supreme Court · 1984