Legal Opinion

Erickson v. Russ

North Dakota Supreme Court

Decided January 25, 1911PublishedCited by 7 opinions

'Appeal from the District Court, Billings county, Crawford, J. Action by Peter O. Erickson against Peter P. Russ and another to •foreclose a mechanics’ lien. From a judgment sustaining a demurrer of ■defendant, Peter P. Russ, plaintiff appeals.

1Opinion of the CourtBurke, J.

The facts in this case, as stated in the complaint and admitted by the demurrer, are as follows: On or about the 19th day of March, 1906, the defendant was the owner of lot 1, block 2, original township of Beach, Billings county, North Dakota, and upon that day made a contract with the plaintiff, whereunder the said plaintiff performed certain work and labor upon the said lot in the way of excavating for a cistern and cellar. That said work was of the agreed value •of $70, and was completed by April 1st, 1906. That upon the 28th day •of April, 1906, the plaintiff took the necessary steps to…

2Cases cited29 opinions

  1. Cordova v. HoodSupreme Court of the United States · 1873
  2. Hatcher v. Hendrie & Bolthoff Mfg. & Supply Co.Court of Appeals for the Eighth Circuit · 1904
  3. Kirkwood v. HoxieMichigan Supreme Court · 1893
  4. Gibbs v. TallyCalifornia Supreme Court · 1901
  5. Ryndak v. SeawellSupreme Court of Oklahoma · 1904

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3Cited by7 opinions

  1. Roseliep v. HerroWisconsin Supreme Court · 1931
  2. Larson v. MetcalfSupreme Court of Iowa · 1926
  3. F. M. Sibley Lumber Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1928
  4. Adams v. DaviesUtah Supreme Court · 1945
  5. Meagher v. QualeNorth Dakota Supreme Court · 1956

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