Legal Opinion

Soliri v. Fasso

Montana Supreme Court

Decided November 5, 1919No. 4,036PublishedCited by 23 opinions

Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Victor Soliri against Margaret Fasso and others. From the judgment and an order denying his motion for a new trial, defendant Dominick Bertoglio appeals.

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Appeal from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Victor Soliri against Margaret Fasso and others. From the judgment and an order denying his motion for a new trial, defendant Dominick Bertoglio appeals. We contend that under the facts disclosed in this case, plaintiff should be denied the right to enforce a lien upon any of the property for the following reasons: That Mrs. Margaret Fasso was never the owner of the property in controversy; that the work and material did not enter into the construction of an original building; that there is no proof that the work and…

1Opinion of the Court

MR. JUSTICE’ HURLY

delivered the opinion of the court.

Plaintiff brought action for the recovery of a balance due from Margaret Fasso, one of the defendants, by reason of his *404performance of a contract for the repair and construction of a dwelling-house, and for the foreclosure of a mechanic’s lien alleged to have been duly perfected, affecting such building and the lot on which the same is situated.

The complaint alleges “that the legal title to the property is in the name of defendant Bertoglio under and by virtue of a warranty deed executed on the twenty-first day of February, 1914; which…

2Cases cited18 opinions

  1. Finlen v. HeinzeMontana Supreme Court · 1902
  2. Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
  3. State ex rel. Smith v. District CourtMontana Supreme Court · 1919
  4. Crossman v. Vivienda Water Co.California Supreme Court · 1902
  5. State ex rel. Stiefel v. District CourtMontana Supreme Court · 1908

13 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Wills v. MorrisMontana Supreme Court · 1935
  2. Sunburst Oil & Refining Co. v. CallenderMontana Supreme Court · 1929
  3. Hansen v. City of HavreMontana Supreme Court · 1941
  4. Frisbee v. CoburnMontana Supreme Court · 1935
  5. Luebben v. MetlenMontana Supreme Court · 1940

18 more not listed; retrieve them via the Exa API.

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