Shaw v. Johnston
Idaho Supreme Court
APPEAL from, the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action to foreclose a mechanic’s lien. Judgment for plaintiff. Before a lien of this kind can be claimed it must be expressly granted by statute, as it is a creature of the statute, and persons claiming the benefit thereof must bring themselves clearly within its provision. (27 Cyc. 18 (eases cited) ; 20 Am. & Eng. Eney. of Law, 2d ed., 269; Pitschke v. Pope, 20 Colo.
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APPEAL from, the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action to foreclose a mechanic’s lien. Judgment for plaintiff. Before a lien of this kind can be claimed it must be expressly granted by statute, as it is a creature of the statute, and persons claiming the benefit thereof must bring themselves clearly within its provision. (27 Cyc. 18 (eases cited) ; 20 Am. & Eng. Eney. of Law, 2d ed., 269; Pitschke v. Pope, 20 Colo. App. 328, 78 Pac. 1077.) Upon an examination of our statutes it will be observed that there is no provision granting a…
1Opinion of the CourtSullivan, C. J.
— This action was brought to foreclose a materialman’s lien upon lots 6 and 7 in block 10 of Bryon’s addition to Boise City, which lots are owned by the defendant Johnston, for cement furnished and used by one Gambil, a contractor, in the construction of a sidewalk seventy feet in length by six feet in width, upon Twelfth and Alturas streets, in front of said lots.
It is alleged in the complaint, among other things, that the boundaries of said lots extend to the middle of said streets, and that the said contractor was the agent of the defendant at the time he purchased said cement from the…
2Cases cited4 opinions
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- McIntyre v. TrautnerCalifornia Supreme Court · 1889
- Schallert-Ganahl Lumber Co. v. NealCalifornia Supreme Court · 1892
- Peckham v. FoxCalifornia Court of Appeal · 1905
3Cited by17 opinions
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
- Barber v. HonorofIdaho Supreme Court · 1989
- Guyman v. AndersonIdaho Supreme Court · 1954
- Neider v. ShawIdaho Supreme Court · 2003
- Mochel v. ClevelandIdaho Supreme Court · 1930
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