Smith v. Faris-Kesl Construction Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Suit to foreclose mechanic’s lien. Judgment for plaintiff. A judge cannot make a finding inconsistent with the claims and proofs of both parties and inconsistent with the evidence in the case. (King v. Bendell Com. Co., 7 Colo. App. 507, 44 Pac. 377; Robeson v. Miller, 4 Colo. App. 313, 35 Pac. 880; State ex rel. Eimbrell v. People’s Ice Storage etc.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Suit to foreclose mechanic’s lien. Judgment for plaintiff. A judge cannot make a finding inconsistent with the claims and proofs of both parties and inconsistent with the evidence in the case. (King v. Bendell Com. Co., 7 Colo. App. 507, 44 Pac. 377; Robeson v. Miller, 4 Colo. App. 313, 35 Pac. 880; State ex rel. Eimbrell v. People’s Ice Storage etc. Co., 246 Mo. 168, 151 S. W. 101.) In order to charge purchasers with notice of the pendency of an action it must be diligently prosecuted,…
1Opinion of the CourtMorgan, J.
— This action was commenced to foreclose a mechanic’s lien claimed by the respondent against the main ditch and canal of the Canyon Canal Company, Limited, for work and labor done and performed by respondent as a subcontractor in the construction thereof. The appellant, Faris-Kesl Construction Company, was the original contractor and was made a defendant with a view to obtaining a personal judgment against it.
Subsequent to the commencement of the action and prior to the trial in the district court, the appellant, Emmett Irrigation District, became the successor in interest to the said Canyon…
2Cases cited25 opinions
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
- McDonnell v. HuffineMontana Supreme Court · 1912
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1908
- Coles' Adm'r v. BallardSupreme Court of Virginia · 1883
- Bergen v. JohnsonIdaho Supreme Court · 1912
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- Jain v. PriestIdaho Supreme Court · 1917
- Barber v. HonorofIdaho Supreme Court · 1989
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