Fullerton v. Leonard
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank E. Aikens, Judge. Action to assert a joint mechanic’s lien upon the premises of the defendants. , Defendants objected at the trial to the introduction of any evidence,, for the reason that the complaint did not state facts sufficient to constitute a cause of action. Sustained and judgment entered for defendants. Plaintiffs appeal. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Frank E. Aikens, Judge. Action to assert a joint mechanic’s lien upon the premises of the defendants. , Defendants objected at the trial to the introduction of any evidence,, for the reason that the complaint did not state facts sufficient to constitute a cause of action. Sustained and judgment entered for defendants. Plaintiffs appeal. The facts are stated in the opinion. A joint mechanic’s lien can be filed where one person owns all the buildings and premises. Pennett v. Hoover, 5 Eawle, 291; Carpenter v. Leanard, 5 Minn. 155; Livingston v.…
1Opinion of the CourtBennett, J.
The appellants, at the time of the commencement of this action, were dealers in lumber and other building material in the city of Sioux Falls, S. D. The respondents EL J. Davenport and Rebecca Subera were the owners of the west one third and middle one third of lots 16, 17, and 18, in block 17, Bennett’s addition to Sioux Falls, S. D.; EL J. Davenport being the owner of the middle one third of said lots, and the respondent, Rebecca Subera, being the owner of the west one third of said lots. Respondent A. S. Leonard, prior to the commencement of this action, entered into a joint contract with…
2Cases cited4 opinions
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
- Sergeant v. DenbySupreme Court of Virginia · 1890
- Phillips v. GilbertSupreme Court of the United States · 1880
- Mandeville v. ReedNew York Court of Appeals · 1850
3Cited by9 opinions
- Scott v. City of Sioux CitySupreme Court of Iowa · 1988
- Willamette Mills Co. v. SheaOregon Supreme Court · 1893
- Beach v. StamperOregon Supreme Court · 1903
- Red River Lumber Co. v. Children of IsrælNorth Dakota Supreme Court · 1897
- Stoltze v. HurdNorth Dakota Supreme Court · 1910
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