Mickelsen v. Craigco, Inc.
Utah Supreme Court
1Concurring in part, dissenting in partHall, Chief Justice
I join the Court in following precedent which interpreted Utah Code Ann. § 38-1-11 as permitting a lien claimant to bring an action within twelve months after the completion of a contract or, alternatively, within twelve months after there has been a suspension of work for a period of thirty days.1 However, I do not join the Court wherein it fails and refuses to follow likewise good precedent which invalidates the notice of a mechanic’s lien which is not verified under oath.
Utah Code Ann. § 38-1-7 (Supp.1981) (amended 1985 and 1987) specifically required that the contents of a mechanic’s lien…
2Cases cited7 opinions
- McKnight v. State Land BoardUtah Supreme Court · 1963
- Spangler v. District Court of Salt Lake CountyUtah Supreme Court · 1943
- First Security Mortgage Co. v. HansenUtah Supreme Court · 1981
- Totorica v. ThomasUtah Supreme Court · 1965
- Helsten v. SchwendimanUtah Supreme Court · 1983
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