Legal Opinion

Ripley v. Board of County Commissioners

Nebraska Supreme Court

Decided July 15, 1874PublishedCited by 14 opinions

Error to the District Court of Gage county. It was an action brought by plaintiff in error, under the statute relating to “ mechanic’s liens,” the claim being for material furnished as a sub-contractor for the erection of a court house owned by defendant in error. The defendant in error demurred to the petition, and the same being sustained, judgment dismissing plaintiff’s petition, and for costs, was entered.

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Error to the District Court of Gage county. It was an action brought by plaintiff in error, under the statute relating to “ mechanic’s liens,” the claim being for material furnished as a sub-contractor for the erection of a court house owned by defendant in error. The defendant in error demurred to the petition, and the same being sustained, judgment dismissing plaintiff’s petition, and for costs, was entered. The cause was then brought here by petition in error. , I. Counties, in the exercise of the express and substantive powers conferred upon them by statute, take, by implication, all the…

1Opinion of the Court

Lake, Ch. J.

The single question presented for our determination in this case, is whether our mechanic’s lien law can have any application whatever in a case where work is done, or materials are furnished for the erection of county buildings.

The case has been so ably presented, and the authorities so fully cited, in support of the position taken by the respective counsel, that I have been greatly aided in my examination of the question.

This precise question being a new one in this court, in view of the great conflict in the authorities cited from the various states, we feel at liberty to give…

2Cited by14 opinions

  1. Lyman v. City of LincolnNebraska Supreme Court · 1894
  2. Sample v. HaleNebraska Supreme Court · 1892
  3. Bates v. County of Santa BarbaraCalifornia Supreme Court · 1891
  4. Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
  5. Bank of Idaho v. Malheur Co.Oregon Supreme Court · 1896

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