Deatherage v. Woods
Supreme Court of Kansas
Error from Wabaunsee District Court. Action brought by Charles P. Deatherage and William. I. Ewart, under the firm-name of Deatherage & Ewart, against George A. Woods and others, upon an account for lumber and building materials sold to Woods, and to enforce a mechanics’ lien. The statement for the mechanics’ lien, filed in the office of the clerk of the district court, on July 8, 1885, reads as follows: “ Name of owner, George A. Woods.
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Error from Wabaunsee District Court. Action brought by Charles P. Deatherage and William. I. Ewart, under the firm-name of Deatherage & Ewart, against George A. Woods and others, upon an account for lumber and building materials sold to Woods, and to enforce a mechanics’ lien. The statement for the mechanics’ lien, filed in the office of the clerk of the district court, on July 8, 1885, reads as follows: “ Name of owner, George A. Woods. Names of contractors, Charles P. Deatherage and William I. Ewart, partners, doing business in the firm-name of Deatherage & Ewart. Names of claimants,…
1Opinion of the Court
*62The opinion of the court was delivered by
Valentine, J.:
The only question involved in this case is, whether the plaintiffs’ statement for a mechanics’ lien is sufficient or not. The court below held that it is not.
I. It is claimed that the statement is not sufficient because it does not contain the name of the owner of the property sought to be charged with the plaintiffs’ lien. We do not think that this claim is tenable. The statement shows, among other things, as follows:
“Name of owner, George A. Woods. . . . Said contractors and claimants [ Deatherage & Ewart] claim a lien upon the…
2Cases cited2 opinions
- Hicks v. MurrayCalifornia Supreme Court · 1872
- White v. DumpkeWisconsin Supreme Court · 1878
3Cited by6 opinions
- Deatherage & Ewart v. HendersonSupreme Court of Kansas · 1890
- Chicago Lumber Co. v. OsbornSupreme Court of Kansas · 1888
- Hentig v. SperrySupreme Court of Kansas · 1888
- Ekstrom United Supply Co. v. Ash Grove Lime & Portland Cement Co.Supreme Court of Kansas · 1965
- Ekstrom United Supply Co. v. Ash Grove Lime & Portland Cement Co.Supreme Court of Kansas · 1965
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