James Hunter & Co. v. Truckee Lodge
Nevada Supreme Court
Appeal from tbe District Court of the Second Judicial District, Washoe County. The facts appear in the opinion. I. The alteration of Manning & Duck’s notice was an unlawful act, Stat. 1871, 75, and could not confer any rights upon the claimants. It was a new notice and was never sworn to. II. The liens were filed before the completion of the building. This was premature and unauthorized. (Stat. 1875, 122.) III.
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Appeal from tbe District Court of the Second Judicial District, Washoe County. The facts appear in the opinion. I. The alteration of Manning & Duck’s notice was an unlawful act, Stat. 1871, 75, and could not confer any rights upon the claimants. It was a new notice and was never sworn to. II. The liens were filed before the completion of the building. This was premature and unauthorized. (Stat. 1875, 122.) III. Boyd & Courtois’ notice of lien did not show that materials were used or furnished for the building. It should have been excluded. (Houghton v. Blake, 5 Cal. 240; Bottomly v. Grace…
1Opinion of the Court
By the Court,
Beatty, C. J.:
This is an action under the mechanics’ lien law of 1875 (Stat. 1875, p. 122). The plaintiffs and intervenors were *28sub-contractors or material-men- under Wood & Bichareis, the principal contractors for the erection of appellants’ building. The judgment of the district court was in favor of the lien claimants, and the appeal is from the judgment and also from the order of the district court refusing a new trial.
The motion for a new trial, we think, was properly overruled upon the ground stated in the opinion of the district judge. The decree was entered October 13,…
2Cases cited6 opinions
- State v. RobertsNevada Supreme Court · 1873
- Elliott v. IversNevada Supreme Court · 1871
- Estate of CookCalifornia Supreme Court · 1859
- Knowles v. JoostCalifornia Supreme Court · 1859
- Wells v. CahnCalifornia Supreme Court · 1876
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3Cited by39 opinions
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- Gould v. WiseNevada Supreme Court · 1884
- Merrigan v. EnglishMontana Supreme Court · 1889
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