Bauman v. Metzger
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $261.86 and foreclose a mechanic’s lien for the same. The ease was tried before Roekwood, J., who made findings and ordered judgment as stated in the first paragraph of the opinion. From an order denying their motion for a new trial, defendants Metzger, Adelsheim, Moses, and Lewis appealed.
1Dissent
Hallam, J
(dissenting).
I dissent:
It is doubtless true that this statute of limitations puts a limit on the life and duration of the lien. It is true also that this statute need not be pleaded against a defendant lien claimant. But in this case, there is neither pleading, proof nor finding, nothing in the record on- the sub*142ject, except a file mark on the answer, and this was in no manner called to the attention of the trial court, yet the majority opinion holds that this file mark, presented for the first time in this court, is conclusive agaiDst the lien claimant on this appeal. With this I…
2Cases cited3 opinions
- Barstow v. McLachlanIllinois Supreme Court · 1881
- Ferrier v. McCabeSupreme Court of Minnesota · 1915
- Barry v. FrayserTennessee Supreme Court · 1872