Deatherage & Ewart v. Henderson
Supreme Court of Kansas
Mrror from Wabaunsee District Court. On the 26th day of August, 1885, Charles P. Deatherage and William I. Ewart, under the firm-name of Deatherage & Ewart, commenced their action against Eli Henderson et al., upon an account for lumber and building materials, and also to enforce their alleged lien. On December 16, 1885, a trial was had by the court, and judgment given in favor of Henderson, denying plaintiffs’ lien.
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Mrror from Wabaunsee District Court. On the 26th day of August, 1885, Charles P. Deatherage and William I. Ewart, under the firm-name of Deatherage & Ewart, commenced their action against Eli Henderson et al., upon an account for lumber and building materials, and also to enforce their alleged lien. On December 16, 1885, a trial was had by the court, and judgment given in favor of Henderson, denying plaintiffs’ lien. This judgment was reversed at the July term of this court for 1887, and the cause remanded for a new trial. (37 Kas. 63.) The new trial was had on October 22, 1887. The jury…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action in the court below by Deatherage & Ewart, to recover $144.91 for lumber, and to enforce a sub-contractor’s lien for the same. They claim that George A. Woods was the contractor, and Eli Henderson the owner of the building and premises. The lumber was purchased in April, 1885, and used by Henderson in the erection of a building on lots 7 and 8, in block 5, in Harveyville, in this state. The building was completed on the 16th day of May, 1885. A statement for a sub-contractor’s lien was filed on th.e 14th day of July,…
2Cases cited5 opinions
- Weaver v. SellsSupreme Court of Kansas · 1873
- Sodini v. WinterCourt of Appeals of Maryland · 1870
- Power v. McCordIllinois Supreme Court · 1864
- Deatherage v. WoodsSupreme Court of Kansas · 1887
- Scully v. DodgeSupreme Court of Kansas · 1888
3Cited by13 opinions
- Clark v. HueyIndiana Court of Appeals · 1895
- Chicago Lumber & Coal Co. v. SmithSupreme Court of Kansas · 1911
- Miller v. Bankers Mortgage Co.Supreme Court of Kansas · 1930
- Union Bond & Inv. Co. v. BernsteinSupreme Court of Oklahoma · 1914
- Blanshard v. SchwartzSupreme Court of Oklahoma · 1898
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