Merrigan v. English
Montana Supreme Court
Appeal from First Judicial District, Demis and Clarice County. A motion for judgment on the pleadings was granted by Blake, C. J. Statement of facts, prepared by the judge delivering the opinion of the court. The plaintiff, John Merrigan, brought this action to foreclose a mechanic’s lien.
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Appeal from First Judicial District, Demis and Clarice County. A motion for judgment on the pleadings was granted by Blake, C. J. Statement of facts, prepared by the judge delivering the opinion of the court. The plaintiff, John Merrigan, brought this action to foreclose a mechanic’s lien. The complaint show’s the following facts, omitting all technical matter of pleading: The defendant, Lydia J. English, was and is the owner of the premises which the plaintiff seeks to make subject to bis lien, and prior to July 20, 1888, entered into a contract with the defendant Crawford, who thereby…
1Opinion of the CourtBach, J.
The tendency of land-owners to enter into'con tracts at a\figuré so low that the original contractor could make no .profit unless he refused to pay his employees, has led to the enactment of laws for the protection of wage earners. There are two systems generally adopted throughout the United States — one known as the New York sytem; the other as the Pennsylvania system. The former gives to the subcontractor a lien by-way of subrogation, as it is termed by the.text-writers, which is accomplished' by a notice given to the owner by the subcontractor, which notice specifies the probable value of…
2Cases cited11 opinions
- Colter v. FreseIndiana Supreme Court · 1873
- James Hunter & Co. v. Truckee LodgeNevada Supreme Court · 1879
- Laird v. MoonanSupreme Court of Minnesota · 1884
- Davis v. BilslandSupreme Court of the United States · 1874
- Power v. GumMontana Supreme Court · 1886
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3Cited by29 opinions
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- Prince v. Neal-Millard Co.Supreme Court of Georgia · 1906
- Morris v. WibauxIllinois Supreme Court · 1895
- Federal Land Bank v. GreenMontana Supreme Court · 1939
- Broyhill v. . GaitherSupreme Court of North Carolina · 1896
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