Legal Opinion

Nordstrom v. Sivertsen-Johnsen Mining & Dredging Co.

District Court, D. Alaska

Decided February 27, 1915No. Nos. 2565, 2567, 2568PublishedCited by 1 opinion

The three above-entitled causes constitute three actions for the recovery of money due for services alleged to have been rendered by the plaintiffs to the defendants in connection with certain mining operations, and the plaintiffs seek to establish and enforce a laborer’s lien under the existing lien law of Alaska, as provided by sections 691-704, inclusive, Comp. Laws Alaska 1913, and chapter 79, Sess.

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The three above-entitled causes constitute three actions for the recovery of money due for services alleged to have been rendered by the plaintiffs to the defendants in connection with certain mining operations, and the plaintiffs seek to establish and enforce a laborer’s lien under the existing lien law of Alaska, as provided by sections 691-704, inclusive, Comp. Laws Alaska 1913, and chapter 79, Sess. Laws Alaska 1913, the title to which last reads as follows: “An act to create, establish and provide for liens on mines in favor of laborers and materialmen, and” to repeal “all acts and parts…

1Opinion of the Court

TUCKER, District Judge.

The territorial act of 1913 should not be treated as an independent act of a territorial Legislature. It is an act relating to the same subject-matter as that legislated upon by Congress, as found in section 691 et seq., Comp. Laws Alaska 1913, and the congressional and territorial legislation with reference thereto must be treated as one harmonious whole. It is no objection to the validity of the territorial act of 1913 that it does not amend or refer specifically to the former act of Congress on the subject of mechanics’ or laborers’ liens. That is generally done, and…

2Cases cited5 opinions

  1. Commonwealth v. BrownSupreme Court of Virginia · 1895
  2. Winder v. CaldwellSupreme Court of the United States · 1853
  3. Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
  4. Central Trust Co. v. Richmond, N., I. & B. R.Court of Appeals for the Sixth Circuit · 1895
  5. Jones v. Great Southern Fireproof Hotel Co.U.S. Circuit Court for the District of Southern Ohio · 1897

3Cited by1 opinion

  1. Jacksonville MacHine and Repair, Inc. v. Kent Sand and Gravel, LLCCourt of Special Appeals of Maryland · 2007

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