Richards v. Lewisohn Bros.
Montana Supreme Court
Appeal from District Court, Silver Bow County. William 0. Speer, Judge. Action by Theodore Richards and Patrick Culkin, co-partners as Richards & Culkin, against Lewisohn Bros., to enforce a mechanic’s lien. There was judgment for plaintiff, and defendants appeal. Statement of the case by the justice delivering the opinion. Foreclosure of mechanic’s lien.
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Appeal from District Court, Silver Bow County. William 0. Speer, Judge. Action by Theodore Richards and Patrick Culkin, co-partners as Richards & Culkin, against Lewisohn Bros., to enforce a mechanic’s lien. There was judgment for plaintiff, and defendants appeal. Statement of the case by the justice delivering the opinion. Foreclosure of mechanic’s lien. Plaintiffs, as co-partners, allege, among other things, that defendants, Lewisohn Bros., a firm composed of persons unknown to the plaintiffs, are the owners and reputed owners of the property upon which the plaintiffs, as plasterers,…
1Opinion of the CourtHunt, J.
The appellants ask a reversal of this case upon the single ground that the complaint does not support the judgment. This question is properly raised on appeal from the judgment alone. (Foster v. Wilson, 5 Mont. 53, 2 Pac. 310; City of Helena v. Brule, 15 Mont. 429, 39 Pac. 456, 852; Tracy v. Harmon, 17 Mont. 465, 43 Pac. 500.
Appellants first object to the judgment itself. The judgment was that the plaintiffs have and recover of the said defendants the sum of S140.60, the amount of the lien and debt, together with costs, due from defendants to plaintiffs. It was also further ordered, adjudged…
2Cases cited11 opinions
- West Coast Lumber Co. v. NewkirkCalifornia Supreme Court · 1889
- Black v. AppolonioMontana Supreme Court · 1871
- City of Helena v. BruleMontana Supreme Court · 1895
- Smith v. Sherman Mining Co.Montana Supreme Court · 1892
- Hays v. MercierNebraska Supreme Court · 1888
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3Cited by1 opinion
- Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900