Naylor v. Lewiston & Southeastern Electric Railway Co.
Idaho Supreme Court
APPEAL from the District Court of tbe Second "Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. An action to foreclose a lien for labor and material furnished. Judgment for plaintiff. The claim filed by the plaintiff is admissible in evidence as proof of its existence and filing, but it is not evidence of the matters alleged in it.
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APPEAL from the District Court of tbe Second "Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. An action to foreclose a lien for labor and material furnished. Judgment for plaintiff. The claim filed by the plaintiff is admissible in evidence as proof of its existence and filing, but it is not evidence of the matters alleged in it. (Boisot on Mechanics’ Liens, sec. 613.) Being created and defined by the statute, it follows that mechanics’ liens cannot be created by contract or consent of the parties. (Boisot on Mechanics’ Liens, see. 5, p. 4.) The proof must show that the…
1Opinion of the CourtStewart, J.
This appeal is from an order denying the appellants’ motion for a new trial. Before considering the questions presented by appellant on this appeal, our attention is directed to a discussion indulged in by the respondent,, in which it is urged that the order denying a new trial should, be affirmed for the following reason:
‘ ‘ That both the defendants, the Commercial Trust Company and the Northern Pacific Railway Company, are adverse par*793ties herein who did not join in the motion made herein for a new trial, and the record affirmatively shows that no notice of intention to move for a new trial,…
2Cases cited12 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Swift v. Occidental Mining & Petroleum Co.California Supreme Court · 1903
- Coffee v. WilliamsCalifornia Supreme Court · 1894
- Hendy v. MarchCalifornia Supreme Court · 1888
- Steve v. Bonners Ferry Lumber Co.Idaho Supreme Court · 1907
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3Cited by12 opinions
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- Dybvig v. WillisIdaho Supreme Court · 1938
- Maw v. Coast Lumber Co.Idaho Supreme Court · 1911
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