Toledo Novelty Works v. Bernheimer
Supreme Court of Minnesota
APPEAL FKOM THE DISTRICT COUET OE EAMSEY COUNTY. Points and Authorities for Appellant. I. — The Appellants in this case fully complied with all the requirements of the Mechanic’s Lien Law of this State, ap. proved March 20, 1858, and August 12, 1858, to entitle them to a lien ; and we insist that tbe lien law of March 20, 1858, has never been repealed.
Read the full summary
APPEAL FKOM THE DISTRICT COUET OE EAMSEY COUNTY. Points and Authorities for Appellant. I. — The Appellants in this case fully complied with all the requirements of the Mechanic’s Lien Law of this State, ap. proved March 20, 1858, and August 12, 1858, to entitle them to a lien ; and we insist that tbe lien law of March 20, 1858, has never been repealed. “ Two statutes shall stand together, and both have effect, if possible ; for tbe Jaw does not favor repeals by implication, and all acts in pari materia should be taken together as if they ■were one law.” When there is a difference in the whole…
1Opinion of the Court
By the Court
Atwater, J.
The Toledo Novelty Works, the Plaintiff below, furnished certain materials under a contract with one James F. Heyward, for the erection of a building in St: Paul, known as “ Bernheimer’s Building,” and owned by Defendant Bernheimer. The materials were furnished for, and used in the erection of said building in 1859. Heyward,was the contractor with Defendant for the erection and completion of said building. The action was brought to recover of defendant the value o,f the materials, and to make the same a, lien upon the building. The cause was tried by tfie Court, who…
2Cases cited3 opinions
- Bidwell v. WhitneySupreme Court of Minnesota · 1860
- Mason & Craig v. HeywardSupreme Court of Minnesota · 1859
- Dahl v. ProssSupreme Court of Minnesota · 1861
3Cited by3 opinions
- Christy v. Union Oil & Gas Co.Supreme Court of Oklahoma · 1911
- John A. Roebling Sons' Co. v. First Nat. BankDistrict Court, D. West Virginia · 1887
- Consolidated Cut Stone Co. v. SeidenbachSupreme Court of Oklahoma · 1941