Chicago Lumber Co. v. Osborn
Supreme Court of Kansas
Error from Wabaunsee District Court. This was an action to foreclose a mechanics’ lien on real estate in Alma, Wabaunsee county. The petition alleged substantially that Robert Pierce, Frank Colpetzer and M. T. Green were partners doing business under the firm-name of The Chicago Lumber Company, and that between the 25th day of May, 1885, and the 3d day of June, 1885, they furnished lumber and building material, under a contract with Ij.
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Error from Wabaunsee District Court. This was an action to foreclose a mechanics’ lien on real estate in Alma, Wabaunsee county. The petition alleged substantially that Robert Pierce, Frank Colpetzer and M. T. Green were partners doing business under the firm-name of The Chicago Lumber Company, and that between the 25th day of May, 1885, and the 3d day of June, 1885, they furnished lumber and building material, under a contract with Ij. F. Osborn, to be used, and which actually was used, in the erection of improvements upon lot number 5, in block number 7, on Missouri street, in the city of…
1Opinion of the Court
The opinion of the court was delivered by
JohNSTÓN, J.:
It seems to us that the petition was sufficient, and that the demurrer thereto should have been overruled. No argument or appearance has been made here in behalf of the defendants, and we can only learn what the objections to the petition, or what the grounds for the ‘.court's decision holding it insufficient, are, from the brief of plaintiff's counsel. It thus appears that the validity of the statement filed for a lien was the subject of doubt and controversy in the court below. The objections seem to have been that the statement did not…
2Cases cited3 opinions
- Hathaway v. Davis & RankinSupreme Court of Kansas · 1884
- Delahay v. GoldieSupreme Court of Kansas · 1876
- Deatherage v. WoodsSupreme Court of Kansas · 1887
3Cited by12 opinions
- Toler v. SatterthwaiteSupreme Court of Kansas · 1967
- Chicago Lumber Co. v. FretzSupreme Court of Kansas · 1893
- E. W. Smith Lumber Co. v. ArnoldSupreme Court of Kansas · 1913
- Huff v. JollySupreme Court of Kansas · 1889
- Meyer Bros. Drug Co. v. S. A. Brown & Co.Supreme Court of Kansas · 1891
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