Big Blackfoot Milling Co. v. Blue Bird Mining Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County. J. J. McHatton, Judge. Action by the Big Blackfoot Milling Company against the Blue Bird -Mining Company, Limited, and others, to foreclose a mechanic’s lien. There was judgment on demurrer sustained to the complaint, and plaintiff appeals. Statement of the case by the justice delivering the opinion. This is a suit to foreclose a mechanic’s lien.
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Appeal from District Court, Silver Bow County. J. J. McHatton, Judge. Action by the Big Blackfoot Milling Company against the Blue Bird -Mining Company, Limited, and others, to foreclose a mechanic’s lien. There was judgment on demurrer sustained to the complaint, and plaintiff appeals. Statement of the case by the justice delivering the opinion. This is a suit to foreclose a mechanic’s lien. The account for which the plaintiff claims a lien is for lumber, timber, and building material, amounting in the aggregate to So, 622.19, sold and delivered, as it is alleged by the plaintiff, to the…
1Opinion of the CourtPemberton, C. J.
The real question presented by this appeal is whether the complaint designates or specifies any particular acre or parcel of land with such certainty as would entitle it to a judgment enforcing a lien against it.
The appellant contends that the complaint describes the land so that it can be identified. We do not doubt that an officer might find all the land from the description given in the complaint. As shown in the statement, there is a large amount of land described in the complaint, amounting to nearly 800 acres, some of which consists of quartz-mining claims, 160 acres not shown to be…
2Cases cited2 opinions
- Helena Steam-Heating & Supply Co v. WellsMontana Supreme Court · 1895
- Smith v. Sherman Mining Co.Montana Supreme Court · 1892
3Cited by6 opinions
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Western Iron Works v. Montana Pulp & Paper Co.Montana Supreme Court · 1904
- A. M. Holter Hardware Co. v. Ontario Mining Co.Montana Supreme Court · 1900
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Collins v. Metropolitan Life InsuranceMontana Supreme Court · 1905
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