Red River Lumber Co. v. Children of Isræl
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Action by the Red River Lumber Company against the Congregation of the Children of Isræl, B. Friel, and others, to foreclose a mechanic’s lien. From a judgment for defendants, plaintiff appeals. The mechanic’s lien law is exclusively a creature of the statute. Phillips Mech. Liens, § 14. Our statute and that of South Dakota are the same.
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Appeal from District Court, Grand Forks County; Templeton, J. Action by the Red River Lumber Company against the Congregation of the Children of Isræl, B. Friel, and others, to foreclose a mechanic’s lien. From a judgment for defendants, plaintiff appeals. The mechanic’s lien law is exclusively a creature of the statute. Phillips Mech. Liens, § 14. Our statute and that of South Dakota are the same. Albrecht v. Smith, 2 S. D. 577, 3 S. D. 632, and as there shown our statute is copied from Iowa and it is fair to presume that in adopting her statute we also adopted the construction placed upon…
1Opinion
APPLICATION FOR REHEARING.
The petition for a rehearing herein must be denied. Counsel for respondent insists that it is necessary that the lien statement should show upon its face all the facts which entitle the appellant to a lien, and that, inasmuch as the statement filed by it fails to disclose facts which show that it has a lien upon the equitable interest of the respondent in the property, no lien was obtained by the filing of such statement. We are unable to find anything in our statute which sustains this contention of respondent’s counsel. He confounds two entirely distinct questions.…
2Cases cited14 opinions
- Davies Henderson Lumber Co. v. GottschalkCalifornia Supreme Court · 1889
- Keller v. HoulihanSupreme Court of Minnesota · 1884
- Clark v. SchatzSupreme Court of Minnesota · 1877
- Rugg v. HooverSupreme Court of Minnesota · 1881
- Hauptman v. . CatlinNew York Court of Appeals · 1859
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