Stoltze v. Hurd
North Dakota Supreme Court
Appeal from District Court, Ward county; Hon. E. B. Goss, J. Action by F. H. Stoltze v. H. A. Hurd, J. A. Roell, Margaret Roell, The Fidelity Mutual Life Insurance Company, a Corporation. From order overruling demurrer to complaint, defendants appeal. If the contract under which the work was done was joint, the lien must be joint, or not at all.
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Appeal from District Court, Ward county; Hon. E. B. Goss, J. Action by F. H. Stoltze v. H. A. Hurd, J. A. Roell, Margaret Roell, The Fidelity Mutual Life Insurance Company, a Corporation. From order overruling demurrer to complaint, defendants appeal. If the contract under which the work was done was joint, the lien must be joint, or not at all. Sergeant v. Denby, 87 Ya. 206, 12 S. E. 402; Phillips v. Gilbert, 101 H. S. 721, 25 L. ed. 833; Fullerton v. Leonard, 3 S. D. 118, 52 N. W. 325; Holland v. Cunliff, 96 Mo. App. 67, 69 S. W. 737; Lehmer v. Horton, 67 Neb. 574, 93 N. W. 964, 2 A. & E.…
1Opinion of the CourtCarmody, J.
This is an action brought by plaintiff to foreclose an alleged mechanic’s lien. Tbe complaint alleges that tbe defendant J. A. Eoell is tbe owner of lot 20 in block 7, of tbe town site of Minot, in Ward county, North Dakota.
That one A. S. Blakey is tbe owner of lot 21 in said block 7, that said lots are adjoining, and that tbe defendant Eoell and tbe said Blakey entered into a joint contract with tbe defendant Hurd for tbe construction and erection by him, the said H. A. Hurd, for them, upon tbe said lots 20 and 21, of a three-story brick and stone building.
That in pursuance of said contract…
2Cases cited21 opinions
- Sergeant v. DenbySupreme Court of Virginia · 1890
- Berry v. McAdamsTexas Supreme Court · 1900
- Neeley v. SearightIndiana Supreme Court · 1888
- Phillips v. GilbertSupreme Court of the United States · 1880
- Phillips v. Salmon River Mining & Development Co.Idaho Supreme Court · 1903
16 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Golden Belt Lumber Co. v. McLeanSupreme Court of Kansas · 1933
- Meyer Lumber Co. v. TrygstadNorth Dakota Supreme Court · 1912
- Sheldon v. Chicago Bonding & Surety Co.Supreme Court of Iowa · 1921
- Kuntz v. PartridgeNorth Dakota Supreme Court · 1954
- Robertson Lumber Co. v. ClarkeNorth Dakota Supreme Court · 1912
2 more not listed; retrieve them via the Exa API.