Gull River Lumber Co. v. Keefe
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Burleigh county ; Hon. W. H. Francis, Judge. An action to foreclose a mechanic’s lien is an action at law. Marsh v. Fraser, 27 Wis. 596 ; Hall v. Hinckley, 32 id. 362; Wilier v. Bergenthal, 50 id. 474, 7 N. W. Bep. 352; State v. Eads, 15 la. 117; Cole v. Colby, 57 N. H. 100. The complaint states a legal cause of action, asks a personal judgment and such judgment was rendered. Defendant was entitled to a jury trial. Pomeroy, Bern.
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APPEAL from the district court, Burleigh county ; Hon. W. H. Francis, Judge. An action to foreclose a mechanic’s lien is an action at law. Marsh v. Fraser, 27 Wis. 596 ; Hall v. Hinckley, 32 id. 362; Wilier v. Bergenthal, 50 id. 474, 7 N. W. Bep. 352; State v. Eads, 15 la. 117; Cole v. Colby, 57 N. H. 100. The complaint states a legal cause of action, asks a personal judgment and such judgment was rendered. Defendant was entitled to a jury trial. Pomeroy, Bern. (2d ed.) 86. The question presented is, can a foreign corporation, without complying with our laws as to such corporations, acquire a…
1Opinion of the CourtTripp, C. J.
This was an action brought in the district court of Burleigh county to enforce a mechanic’s lien by the plaintiff as a sub-contractor. The defendants Keefe, Hackett and Stewart are joined as contractors, and Ward as the owner of the building against which the lien is sought to be enforced. Ward alone answers. The case was sent to a referee against the objection of the defendant, and, the referee having reported the evidence to the court, it made findings thereon in favor of the plaintiff, and directed a judgment to be entered, in accordance with such findings, for the amount of the…
2Cases cited6 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Henshaw v. BissellSupreme Court of the United States · 1874
- Davis v. AlvordSupreme Court of the United States · 1877
- Zuchtmann v. RobertsMassachusetts Supreme Judicial Court · 1871
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3Cited by22 opinions
- Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
- General Electric Credit Corp. v. RichmanNorth Dakota Supreme Court · 1983
- Kinney v. Brotherhood of American YeomenNorth Dakota Supreme Court · 1905
- Satterlund v. BealNorth Dakota Supreme Court · 1903
- Washburn Mill Co. v. BartlettNorth Dakota Supreme Court · 1893
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