Sleeper v. Elliott
North Dakota Supreme Court
Action to foreclose a mechanic’s lien. Appeal from the District Court of Renville County, O. M. Cooley, Special Judge. Judgment for defendants. Plaintiff appeals. In order to have a mechanic’s lien, the party claiming it must comply with the requirements of the lien law. Rev. Codes, 1905, §§ 6237, 6340, Comp. Laws 1913, §§ 6814, 6923; 27 Cyc. 124; Meyer v. Berlandi, 39 Minn. 438, 1 L.R.A. 777, 12 Am. St. Rep. 663, 40 N. W. 513; Davis v. Treacy, 8 Cal.
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Action to foreclose a mechanic’s lien. Appeal from the District Court of Renville County, O. M. Cooley, Special Judge. Judgment for defendants. Plaintiff appeals. In order to have a mechanic’s lien, the party claiming it must comply with the requirements of the lien law. Rev. Codes, 1905, §§ 6237, 6340, Comp. Laws 1913, §§ 6814, 6923; 27 Cyc. 124; Meyer v. Berlandi, 39 Minn. 438, 1 L.R.A. 777, 12 Am. St. Rep. 663, 40 N. W. 513; Davis v. Treacy, 8 Cal. App. 395, 97 Pac. 78; Cummins v. Vandeventer, 52 Neb. 478, 72 N. W. 9.55; Noll v. Kenneally, 37 Neb. 879, 56 N. W. 722; Breneman v. Harvey, 70…
1Opinion of the CourtBruce, J.
This is an appeal from an order and judgment dismissing ■an action for the foreclosure of a mechanic’s lien for materials furnished ■on the ground that the Statute of Limitations had run thereon.
The defendant and respondent, Kemper, was a grantee of the original owner of the real estate and of the purchaser of the goods, and it is first urged by the plaintiff and appellant that the plea of the Statute •of Limitations is a personal defense, and can only be urged by the person primarily liable on the contract. In this contention, however, we believe that plaintiff errs. It certainly does not…
2Cases cited18 opinions
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Wood v. GoodfellowCalifornia Supreme Court · 1872
- Campbell v. JacobsonIllinois Supreme Court · 1893
- Noll v. KenneallyNebraska Supreme Court · 1893
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
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3Cited by1 opinion
- First State Bank of Strasburg v. SchmaltzNorth Dakota Supreme Court · 1931