Legal Opinion

Atkinson v. Woodmansee

Supreme Court of Kansas

Decided December 12, 1903No. 13,331PublishedCited by 28 opinions

Error from Wyandotte district court; E.L. Fischer, judge.

1Opinion of the Court

The opinion of the court was delivered by

Bue,CH, J. :

In an action for the foreclosure of a mechanic’s lien it was discovered that the land upon which the improvement had been erected had been misdescribed, and that the owner had been misnamed in the original lien statement. The district court permitted amendments to cure these, defects, and rendered judgment foreclosing the lien. This action of the court is complained of. It was, however, fully warranted by section 5121, General Statutes of 1901, which provides as follow’s:

“ In case of action brought, any lien statement may be amended by…

2Cases cited8 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  3. Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
  4. Fairbank v. United StatesSupreme Court of the United States · 1901
  5. Fidelity Mutual Life Ass'n v. MettlerSupreme Court of the United States · 1902

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3Cited by28 opinions

  1. Gannon v. StateSupreme Court of Kansas · 2014
  2. Brown v. Wichita State UniversitySupreme Court of Kansas · 1975
  3. Hodes & Nauser, MDS, P.A. v. SchmidtSupreme Court of Kansas · 2019
  4. Builders' Supply Depot v. O'ConnorCalifornia Supreme Court · 1907
  5. Pinkerton v. SchwiethaleSupreme Court of Kansas · 1972

23 more not listed; retrieve them via the Exa API.

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