Kollock & Co. v. Leyde
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Statement by Mr. Chief Justice McBride. Tbis is a suit by L. B. Kollock & Company, a corporation, against E. C. Leyde, E. A. Pearson and Hilma Pearson, husband and wife, F. J. Berger and Albert Berger, copartners doing business as Williams Avenue Planing Mill, and Jacob Stern, wherein plaintiff sued to foreclose certain mechanics’ liens upon a building and lot in Portland, and on the trial bad a decree of foreclosure and order of sale.
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From Multnomah: George N. Davis, Judge. Statement by Mr. Chief Justice McBride. Tbis is a suit by L. B. Kollock & Company, a corporation, against E. C. Leyde, E. A. Pearson and Hilma Pearson, husband and wife, F. J. Berger and Albert Berger, copartners doing business as Williams Avenue Planing Mill, and Jacob Stern, wherein plaintiff sued to foreclose certain mechanics’ liens upon a building and lot in Portland, and on the trial bad a decree of foreclosure and order of sale. Defendants appealed, and filed the stay bond provided by Section 551, subdivision 4, L. O. L. Whereupon plaintiff filed…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. There is only one question arising upon this application. The section last cited provides that a counter bond may be given in case the judgment or decree appealed from be in “an action or suit upon a contract,” and the judgment enforced notwithstanding the appeal. We are of the opinion that a suit to foreclose a mechanic’s lien is not a suit upon a contract, but rather a suit to enforce a claim arising by operation of law: Boisot on Mechanics’ Liens, § 5; Benbow v. The James Johns, 56 Or. 554, 560 (108 Pac. 634); Miner v. Moore, 53 Tex. 224, 228; Davis…
2Cases cited4 opinions
- Livesley v. Krebs Hop Co.Oregon Supreme Court · 1910
- Davis & Rankin Building & Manufacturing Co. v. ViceIndiana Court of Appeals · 1896
- Benbow v. James JohnsOregon Supreme Court · 1910
- Miner v. OwnbyTexas Supreme Court · 1880
3Cited by6 opinions
- In re Waters of Umatilla RiverOregon Supreme Court · 1917
- Blair v. BlairOregon Supreme Court · 1953
- Boone v. SmithNew Mexico Supreme Court · 1968
- Rogue River Fruit & Produce Ass'n v. Gillen-Chambers Co.Oregon Supreme Court · 1915
- Drake v. RileyOregon Supreme Court · 1932
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