Morris v. Marsh
District Court, D. Alaska
Demurrer to the complaint, by D. W. McKay, one of the defendants, based on the one ground that it does not state facts sufficient to constitute a cause of action. The action is to foreclose three claims for mechanics’ or laborers’ liens on a mining claim or mine designated as “No. 9 above discovery on Big Hurray creek,” a tributary of Solomon river, in the Cape Nome mining and recording district, Alaska.
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Demurrer to the complaint, by D. W. McKay, one of the defendants, based on the one ground that it does not state facts sufficient to constitute a cause of action. The action is to foreclose three claims for mechanics’ or laborers’ liens on a mining claim or mine designated as “No. 9 above discovery on Big Hurray creek,” a tributary of Solomon river, in the Cape Nome mining and recording district, Alaska. The plaintiff acquired his right to sue by virtue of an assignment of the ■claims of three several laborers upon said mining claim. The labor was performed under contracts of employment with…
1Opinion of the Court
MOORE, District Judge.
The class of laborers who are given the right of lien by section 262 of the statute are enumerated therein as—
“mechanics, artisans, machinists, builders, laborers, teamsters, dray-men and other persons. performing labor upon * * * the construction, development, alteration or repair either in whole or in part of any building, wharf, bridge, flume, mine, tunnel, fence, machinery, or aqueduct, or any structure or superstructure.”
The section further declares that every person of these classes—
“shall have a lien upon the same for the work or labor done or material furnished…
2Cases cited10 opinions
- Williams v. VanderbiltIllinois Supreme Court · 1893
- Santa Monica Lumber & Mill Co. v. HegeCalifornia Supreme Court · 1897
- Wilkins v. AbellSupreme Court of Colorado · 1899
- Stetson-Post Mill Co. v. BrownWashington Supreme Court · 1899
- Francis v. SaylesMassachusetts Supreme Judicial Court · 1869
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Johnson v. HallsDistrict Court, D. Alaska · 1927
- Irvine v. McDougallDistrict Court, D. Alaska · 1915
- Bergstrom v. Kugruk Mines, Inc.District Court, D. Alaska · 1944