Albright v. Smith
South Dakota Supreme Court
Appeal from the circuit court, Hughes county. Hon. H. G. Fuller, Judge. Action to foreclose mechanic’s lien. Defendant owner answering alleges full payment to contractor before notice. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. The owner of property is fully protected as to subcontractors through proper notices. §§ 656, 658, 659, 660 and 661, Code Civ. Proc.
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Appeal from the circuit court, Hughes county. Hon. H. G. Fuller, Judge. Action to foreclose mechanic’s lien. Defendant owner answering alleges full payment to contractor before notice. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. The owner of property is fully protected as to subcontractors through proper notices. §§ 656, 658, 659, 660 and 661, Code Civ. Proc. An amended statute is construed as if it read from the beginning as it does as amended. Peters v. Vawter, 25 Pac. 438; People v. Judge, 87 Mich. 287; Harrell v. Harrell 8 Fla. 46. The intention…
1Opinion of the CourtBennett, J.
This was an action brought by plaintiffs, Albright & West, to enforce a mechanic’s lien as subcontractors. The defendants, Smith Bros., as co-partners, are joined as contractors with Frank B. Barrett, as the owner of the building and lot against which the lien is sought to be enforced. The complaint is in the usual form. The defendants answered, and the cause was referred to a referee. The referee’s find*582ings and report were confirmed, judgment and decree in favor of plaintiffs, and a foreclosure of the lien to satisfy the judgment was ordered. The defendant Barrett appeals. The findings of…
2Cases cited11 opinions
- Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
- Livermore v. WrighSupreme Court of Missouri · 1862
- Barnard v. McKenzieSupreme Court of Colorado · 1878
- Blauvelt v. . WoodworthNew York Court of Appeals · 1865
- Jones & Magee Lumber Co. v. MurphySupreme Court of Iowa · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- Hightower v. BaileyCourt of Appeals of Kentucky · 1900
- Voightman & Co. v. Southern Railway Co.Tennessee Supreme Court · 1910
- Taylor v. Dall Lead & Zinc Co.Wisconsin Supreme Court · 1907
- Aste v. WilsonColorado Court of Appeals · 1900
8 more not listed; retrieve them via the Exa API.