Morrison, Merrill & Co. v. Clark
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action by one Jones to foreclose a mechanic’s lien. Morrison, Merrill & Co. filed a cross-complaint. From a judgment in favor of said cross-complainants defendant appealed.
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Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action by one Jones to foreclose a mechanic’s lien. Morrison, Merrill & Co. filed a cross-complaint. From a judgment in favor of said cross-complainants defendant appealed. Where a statute is like ours, subjecting property to a lien, only where the contract has been made with the owner or with the agent of the owner, the wife’s property is not subject to a lien upon a contract made with the husband. She must have made the contract herself, or authorized it to be made in her behalf. Phillips on Mech. Liens, 3d…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
The question- to be determined is, was Morrison, Merrill & Co., under the findings of fact, entitled to a lien upon the premises, as against H. L. Clark, and if not, did the court err in setting aside the conclusions of law as found by the referee, and in making different conclusions of law and rendering a decree in favor of Morrison, Merrill & Co., subjecting the land of Hardie L. Clark to their lien for materials furnished under the contract entered into by contractor Smith and J. W. Clark ?
Ch. 41, p. 44, Sess. Laws 1894, in force when this contract was made,…
3Cases cited3 opinions
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Miller v. HollingsworthSupreme Court of Iowa · 1871
- Wendt v. MartinIllinois Supreme Court · 1878
4Cited by10 opinions
- Eccles Lumber Co. v. MartinUtah Supreme Court · 1906
- Williams v. PetersonUtah Supreme Court · 1935
- Belnap v. CondonUtah Supreme Court · 1908
- In Re Madsen's Est.Utah Supreme Court · 1953
- Sanford v. KunkelUtah Supreme Court · 1906
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