Davis v. Bilsland
Supreme Court of the United States
Error to the Supreme Court of the Territory of Montana. A mechanic’s lieu law of the Territory, just named, enacts: “Section 8. The liens for work or labor done,- or things furnished, as specified in this act, shall have priority in the order of filing the accounts thereof, as aforesaid, and shall be preferred to all other liens and incumbrances which may be attached ■to or upon the building, erection, or other improvement, and to thé land upon which the same is situated, to…
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Error to the Supreme Court of the Territory of Montana. A mechanic’s lieu law of the Territory, just named, enacts: “Section 8. The liens for work or labor done,- or things furnished, as specified in this act, shall have priority in the order of filing the accounts thereof, as aforesaid, and shall be preferred to all other liens and incumbrances which may be attached ■to or upon the building, erection, or other improvement, and to thé land upon which the same is situated, to the extent aforesaid, or either of them, made subsequent to the commencement of said building, erection, or other,…
1Opinion of the CourtJustice Bradley
The plaintiff assigns three errors:
Fh'st. That the action is a joinder in one suit of an action of assumpsit for work and labor, with a chancery proceed-, ing to foreclose the equity of redemption.
This ground of objection having been already fully considered in the case of Hornbuckle v. Toombs, needs no further discussion.
Secondly. That the claim of a mechanic for a statutory lien cannot be enforced by au assignee by a suit in his own name.
In answer to this objection it is sufficient to refer to the fourth section of the Civil Practice Act of Montana, which provides that actions shall be…
2Cited by32 opinions
- Chauncey v. Dyke Bros.Court of Appeals for the Eighth Circuit · 1902
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Merrigan v. EnglishMontana Supreme Court · 1889
- Midland Railway Co. v. WilcoxIndiana Supreme Court · 1890
- Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
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