Hill v. Twin Falls Salmon River Land & Water Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Twin Falls County. Hon. C. 0. Stoekslager, Judge. Action to foreclose a mechanic’s lien for labor. Judgment for plaintiff. Defendant appeals. Under sec. 3446, Eev. Codes, the respondents engaged in the • carriage of this material had a lien thereon dependent on possession.
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APPEAL from the District Court of the Fourth Judicial District for Twin Falls County. Hon. C. 0. Stoekslager, Judge. Action to foreclose a mechanic’s lien for labor. Judgment for plaintiff. Defendant appeals. Under sec. 3446, Eev. Codes, the respondents engaged in the • carriage of this material had a lien thereon dependent on possession. This lien was given them for their protection in the doing of the work in which they were engaged, but by no stretch of imagination are they entitled to another and further lien upon work with which they had no connection. ('Webster v. Real Estate Imp. Co.,…
1Opinion of the CourtStewart, C. J.
This is an action brought for the purpose of foreclosing a mechanic’s lien upon the dam, works of irrigation and lands necessarily used in connection therewith, and known as the Salmon River Dam, situated in Twin Falls county, Idaho. While the respondents are joined as plaintiffs in said action, the action is individual and the parties are joined under the provision of sec. 5121, Rev. Codes, which *277provides: “Any number of persons claiming liens against tlie same property may join in the same action.” In considering the case the plaintiffs will be recognized as separate in their respective…
2Cases cited11 opinions
- McClain v. HuttonCalifornia Supreme Court · 1900
- Malone v. Big Flat Gravel Mining Co.California Supreme Court · 1888
- Adams v. BurbankCalifornia Supreme Court · 1894
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1908
- Wilson v. NugentCalifornia Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
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- Great Plains Equipment, Inc. v. Northwest Pipeline Corp.Idaho Supreme Court · 1999
- Dale's Service Company, Inc. v. JonesIdaho Supreme Court · 1975
- Guyman v. AndersonIdaho Supreme Court · 1954
- L & W SUPPLY CORP. v. Chartrand Family TrustIdaho Supreme Court · 2002
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