Mine & Smelter Supply Co. v. Idaho Consolidated Mines Co.
Idaho Supreme Court
APPEAL from the District Court of tbe Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action to foreclose a materialman’s lien for materials and supplies furnished in constructing mills and furnishing and supplying a mining claim. Judgment and decree for the plaintiff and the defendant mining company and the mortgagee appeal.
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APPEAL from the District Court of tbe Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. Action to foreclose a materialman’s lien for materials and supplies furnished in constructing mills and furnishing and supplying a mining claim. Judgment and decree for the plaintiff and the defendant mining company and the mortgagee appeal. Where the court fails to find on all the material issues made by the pleadings, the judgment will be reversed unless a finding made upon such issues would not affect the judgment entered. When affirmative allegations are set up as a defense in…
1Opinion of the CourtAilshie, J.
This is a controversy between a lien claimant for materials furnished and a mortgagee as to the validity and priority of a lien claim. The appellant, the Commercial and Savings Bank of Racine, Wis., holds a mortgage of $250,000 against the Idaho Consolidated Mines Co., which was filed of record on the 10th day of February, 1909. The respondent, the Mine and Smelter Supply Company, claims a lien on the property covered by the mortgage for materials and supplies furnished between the 5th day of November, 1907, and the 17th day of September, 1909, for the construction of mills and assay office…
2Cases cited5 opinions
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
- Bowers v. CottrellIdaho Supreme Court · 1908
- Brown v. MaceyIdaho Supreme Court · 1907
- Fields v. Daisy Gold Mining Co.Utah Supreme Court · 1902
- Pacific States Savings, Loan & Building Co. v. DuboisIdaho Supreme Court · 1905
3Cited by9 opinions
- Pierson v. SewellIdaho Supreme Court · 1975
- Gould v. HillIdaho Supreme Court · 1926
- Naccarato v. Village of Priest RiverIdaho Supreme Court · 1948
- Stewart v. StewartIdaho Supreme Court · 1919
- Nelson v. AltizerIdaho Supreme Court · 1943
4 more not listed; retrieve them via the Exa API.