Chicago Lumber Co. v. Merrimack River Savings Bank
Supreme Court of Kansas
Error from Mitchell District Court. ACTION by the Chicago Lumber Company against the Merrimack Diver Savings Bank to foreclose a mechanic’s lien. From an adverse judgment, at the January term, 1890, plaintiff brings error. The opinion states the material facts. It is insisted that in a court trial there is no authority for judgment upon a demurrer to evidence. The right to judgment in such case is expressly limited by the code to jury trials.
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Error from Mitchell District Court. ACTION by the Chicago Lumber Company against the Merrimack Diver Savings Bank to foreclose a mechanic’s lien. From an adverse judgment, at the January term, 1890, plaintiff brings error. The opinion states the material facts. It is insisted that in a court trial there is no authority for judgment upon a demurrer to evidence. The right to judgment in such case is expressly limited by the code to jury trials. Clause 3 of § 275. We are aware that this court, in Davis v. Bullard, 32 Kas. 234, 235, and Caeman v. Van Harke, 33 id. 333, 335, has considered cases…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This action was brought by the Chicago Lumber Company to foreclose a mechanic’s lien, filed August 7, *4131887, on a quarter section of land and an unfinished mill situated thereon. The plaintiff’s claim is for materials furnished by it to Douglass & Bixby, the owners of the property. The first item was furnished, as appears from the bill attached to the statement for a lien, on November 7, 1882, and the last item on December 13, 1883. The defendant bank claims under a mortgage, dated June 29, 1883, for $8,000. There was a prior mortgage on…
2Cases cited4 opinions
- Thomas Trammell & Co. v. MountTexas Supreme Court · 1887
- Shaw v. StewartSupreme Court of Kansas · 1890
- Teberg v. Swenson & SonSupreme Court of Kansas · 1884
- Perry v. ConroySupreme Court of Kansas · 1879
3Cited by16 opinions
- Porter v. WilsonSupreme Court of Oklahoma · 1913
- Eastern & Western Lumber Co. v. WilliamsOregon Supreme Court · 1929
- Hot Springs Plumbing & Heating Co. v. WallaceNew Mexico Supreme Court · 1933
- Farnsworth v. ClarkeSupreme Court of Kansas · 1900
- Wehe v. MoodSupreme Court of Kansas · 1904
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