Adams v. Grand Island & W. C. R.
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action by John Doyle against the Grand Island & Wyoming Central Railroad Company and others to establish and enforce a mechanic’s lien. From a decree in favor of plaintiff, defendants other than defendant A. H. Fitch appealed. Pending the appeal, plaintiff assigned all his interest in the action to William E. Adams, who was substituted as plaintiff. The facts are stated in the opinion.
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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action by John Doyle against the Grand Island & Wyoming Central Railroad Company and others to establish and enforce a mechanic’s lien. From a decree in favor of plaintiff, defendants other than defendant A. H. Fitch appealed. Pending the appeal, plaintiff assigned all his interest in the action to William E. Adams, who was substituted as plaintiff. The facts are stated in the opinion. The postponement asked for should have been granted. Stone v. Railroad, 3 S. D. 331, 53 N. W. 189. A railroad is an entirety and the policy…
1Opinion of the CourtFuller, J.
This action to enforce a mechanic's lien upon section 101, being one mile of the roadbed and right of way of the Grand Island & Wyoming Central Railway, situated in Lawrence county, of this state, resulted in a decree of foreclosure, from which, and from an order overruling a motion for a new trial, all the defendants excepting A. H. Fitch appeal to this court.
The action was instituted by and in the name of John Doyle, as plaintiff,, against Alvin H. Fitch, the railroad companies named above, and John Fitzgerald and David Fitzgerald, as co-partners, doing business under the firm name and…
2Cases cited14 opinions
- Stutsman County v. WallaceSupreme Court of the United States · 1892
- Brooks v. Railway Co.Supreme Court of the United States · 1880
- Freese v. TrippIllinois Supreme Court · 1873
- Midland Railway Co. v. WilcoxIndiana Supreme Court · 1890
- Cox v. Western Pacific RailroadCalifornia Supreme Court · 1872
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3Cited by3 opinions
- Adams v. Grand Island & W. C. R.South Dakota Supreme Court · 1900
- Congdon & Henry Hardware Co. v. Grand Island & W. C. R.South Dakota Supreme Court · 1901
- C. E. Sparrow Co. v. W. H. Hartman Co.Supreme Court of Iowa · 1963