White v. Mullins
Idaho Supreme Court
APPEAL from District Court, Logan County. The notice or claim of lien being made a part of the complaint, its sufficiency is properly tested by demurrer. (Minor v. Marshall, 6 N. Mex. 194, 27 Pac. 481.) The notice is insufficient, in that it does not state the name of the owner or reputed owner of the ditch, or that the owner is unknown..
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APPEAL from District Court, Logan County. The notice or claim of lien being made a part of the complaint, its sufficiency is properly tested by demurrer. (Minor v. Marshall, 6 N. Mex. 194, 27 Pac. 481.) The notice is insufficient, in that it does not state the name of the owner or reputed owner of the ditch, or that the owner is unknown.. (Hooper v. Flood, 54 Cal. 218; Phelps v. Mining Go., 49 Cal. 336; Mailer v. Mining Go., 18 Nev. 209, 2 Pae. 50.) It does not state the name of the person by whom plaintiffs were employed. (Waren v. Quade, 3 Wash. 750, 29 Pac. 827.) It does not state the…
1Opinion of the CourtHuston, J.
This is an action brought by the plaintiffs tc? foreclose a mechanic’s lien. The case was tried in the district court before a jury. Verdict and judgment for plaintiffs, from which appeal is taken to this court. The record shows a bill of exceptions, wherein, are presented various exceptions to the sufficiency and competency of evidence, and to the sufficiency of the evidence to support the special findings of the jury. The defendants filed a demurrer to the complaint of plaintiffs, alleging insufficiency of facts to constitute a cause of action, and ambiguity, etc. This demurrer was…
2Cases cited3 opinions
- Bradbury v. Idaho & Oregon Land Improvement Co.Idaho Supreme Court · 1886
- Malter v. Falcon Mining Co.Nevada Supreme Court · 1883
- Hooper v. FloodCalifornia Supreme Court · 1880
3Cited by10 opinions
- Leader Printing Co. v. LowrySupreme Court of Oklahoma · 1899
- Miller v. Pine Mining Co.Idaho Supreme Court · 1892
- Diamond Match Co. v. Sanitary Fruit Co.California Court of Appeal · 1925
- Milner v. ShueyNevada Supreme Court · 1936
- Fidelity Storage Corp. v. Trussed Concrete Steel Co.District of Columbia Court of Appeals · 1910
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