Legal Opinion

Big Horn Lumber Co. v. Davis

Wyoming Supreme Court

Decided April 2, 1906PublishedCited by 10 opinions

Error to the District Court, Sheridan County, Hon. Carroll H. Parmrlrr, Judge. The facts are stated in the opinion. In a running account the time for the filing of a lien under the mechanics’ lien law begins to run when the last item of labor is performed, or of material is furnished, and on the date of the last item furnished on a running account the indebtedness accrues. (Livermore v. Wright, 33 M., 31; Page v. Bettes, 17 Mo. App., 366; Mfg Co. v. Burns, 59 Mo.

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Error to the District Court, Sheridan County, Hon. Carroll H. Parmrlrr, Judge. The facts are stated in the opinion. In a running account the time for the filing of a lien under the mechanics’ lien law begins to run when the last item of labor is performed, or of material is furnished, and on the date of the last item furnished on a running account the indebtedness accrues. (Livermore v. Wright, 33 M., 31; Page v. Bettes, 17 Mo. App., 366; Mfg Co. v. Burns, 59 Mo. App., 391; Bolen Coal Co. v. -Ryan, 48 Mo. App., 516; Iieltzell v. Ry Co., 20 Mo. App., 435; Squires v. Eithian, 27 Mo., 134;…

1Opinion of the Court

Potter, Ci-iiee Justice.

This is an action to recover the. balance due upon an account for lumber and materials sold and delivered by the plaintiff, the Big Plorn Lumber Company, to George Davis, one of the defendants, and used by him, as contractor, in the construction of a frame house for his co-defendant, Florence A. Sanders, and to enforce a mechanic’s lien therefor upon said house and the premises upon which it is situated. The cause was tried in the District Court without a jury, resulting in a judgment for the plaintiff against the defendant Davis for the amount claimed to be due, and a…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. Livermore v. WrighSupreme Court of Missouri · 1862
  2. General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
  3. Union Trust Co. v. CasserlyMichigan Supreme Court · 1901
  4. Cutcliff v. McAnallySupreme Court of Alabama · 1889
  5. Jones v. Swan & Co.Supreme Court of Iowa · 1866

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3Cited by10 opinions

  1. Minnehoma Financial Co. v. PauliWyoming Supreme Court · 1977
  2. Peters v. DonaWyoming Supreme Court · 1936
  3. Arch Sellery, Inc. v. SimpsonWyoming Supreme Court · 1959
  4. Hot Springs Plumbing & Heating Co. v. WallaceNew Mexico Supreme Court · 1933
  5. Sawyer v. SawyerWyoming Supreme Court · 1959

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