Rice v. Hodge
Supreme Court of Kansas
Error from Dickinson District Court. Action brought by P. A. Smith and J. P. Merrill, partners as P. A. Smith & Co., against C. A. Simpson, B. Simpson, A. W. Mice and H. H. Floyd, partners as Eice & Floyd, E. Gove, C. A. Hodge and H. J, Hodge, partners as Hodge Bros., and J. G. Northeraft, to foreclose a mechanics’ lien upon lots 10,11 and 12, in block 20, on Buckeye avenue, in Kinney & Hodge’s addition to the city of Abilene.
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Error from Dickinson District Court. Action brought by P. A. Smith and J. P. Merrill, partners as P. A. Smith & Co., against C. A. Simpson, B. Simpson, A. W. Mice and H. H. Floyd, partners as Eice & Floyd, E. Gove, C. A. Hodge and H. J, Hodge, partners as Hodge Bros., and J. G. Northeraft, to foreclose a mechanics’ lien upon lots 10,11 and 12, in block 20, on Buckeye avenue, in Kinney & Hodge’s addition to the city of Abilene. Trial by the court at the adjourned September Term, 1880, when the court made certain findings of fact, and thereon adjudged that— “ The plaintiffs, P. A. Smith & .Co.,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is an action brought by P. A. Smith & Co., to foreclose a mechanics’ lien on property in the town of Abilene. Several parties were made defendants, some of whom also claimed mechanics’ liens, one of whom asserted a mortgage lien, and two of whom claimed a legal title to the property, and denied the validity of all the mechanics’ liens. The petition was filed August 5, 1879, and the case tried on the 22d of November, 1880; and the first question presented is, whether the case was then triable. More than a year and three months intervened…
2Cases cited3 opinions
- Taylor v. HosickSupreme Court of Kansas · 1874
- Grant v. PenderySupreme Court of Kansas · 1875
- Gapen v. StephensonSupreme Court of Kansas · 1877
3Cited by38 opinions
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- City of Ardmore v. OrrSupreme Court of Oklahoma · 1913
- District Heights Apartments v. Noland Co.Court of Appeals of Maryland · 1998
- Chicago, R. I. & P. Ry. Co. v. PitchfordSupreme Court of Oklahoma · 1914
- Allen v. ElwertOregon Supreme Court · 1896
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