Legal Opinion

Warden v. Sabins

Supreme Court of Kansas

Decided January 15, 1887PublishedCited by 10 opinions

Error from Marshall District Court. On November 16, 1884, W. H. Sabins commenced his action in the district court of Marshall county, to enforce a mechanics’ lien, amounting to nineteen dollars and fifty cents, with interest, upon the premises described as lots forty-nine and fifty, in block twenty-five, in the town of Irving in that county. James S. Warden, B. Smith, William Murphy jr., and J. Armstrong were named defendants.

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Error from Marshall District Court. On November 16, 1884, W. H. Sabins commenced his action in the district court of Marshall county, to enforce a mechanics’ lien, amounting to nineteen dollars and fifty cents, with interest, upon the premises described as lots forty-nine and fifty, in block twenty-five, in the town of Irving in that county. James S. Warden, B. Smith, William Murphy jr., and J. Armstrong were named defendants. William Murphy jr. made default, and the other defendants filed answers and cross-petitions. On March 25th, 1885, the following agreed statement of facts, omitting…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The mechanics’ liens allowed by the trial court were as follows: W. H. Sabins, $20.50, for work and labor performed April 15,16, and 17,1884; B. Smith, $31.75, for material furnished from March 22, 1884, to April 16, 1884; and J. Armstrong, $95, for material delivered between February 1, 1884, and April 17, 1884. The first lien was filed May 10, 1884; the second lien, May 13, 1884; and the third lien, May 17, 1884. Warden purchased the premises from William Murphy jr., the owner thereof, April 12,1884, for the consideration of $300, and…

2Cases cited3 opinions

  1. Fleming v. BumgarnerIndiana Supreme Court · 1868
  2. Kellenberger v. BoyerIndiana Supreme Court · 1871
  3. Noyes v. BurtonNew York Supreme Court · 1859

3Cited by10 opinions

  1. Westerlund v. Black Bear Mining Co.Court of Appeals for the Eighth Circuit · 1913
  2. Kansas Mortgage Co. v. WeyerhaeuserSupreme Court of Kansas · 1892
  3. Pinkerton v. Le BeauSouth Dakota Supreme Court · 1893
  4. Mangum v. North Carolina RailroadSupreme Court of North Carolina · 1907
  5. Lenexa State Bank & Trust Co. v. DixonSupreme Court of Kansas · 1977

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