Legal Opinion

Nelson Bennett Co. v. Twin Falls Land & Water Co.

Idaho Supreme Court

Decided January 4, 1908PublishedCited by 32 opinions

APPEAL from the District Court of the Fourth Judicial District for the County of Cassia. Hon. Lyttleton Price, Judge. Action by plaintiffs to foreclose a mechanic’s lien. Judgment for the plaintiffs, and defendant moved for a new trial and appealed from the judgment and order. Plaintiff should have been compelled to make more specific its complaint, or furnish a bill of particulars.

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APPEAL from the District Court of the Fourth Judicial District for the County of Cassia. Hon. Lyttleton Price, Judge. Action by plaintiffs to foreclose a mechanic’s lien. Judgment for the plaintiffs, and defendant moved for a new trial and appealed from the judgment and order. Plaintiff should have been compelled to make more specific its complaint, or furnish a bill of particulars. We attacked the complaint herein by two methods — first by demurrer, pointing out with all possible clearness the defects thereof; second, by a demand for a bill of particulars supplying the manifest defects of…

1Opinion of the CourtAilshie, C. J.

This is an appeal from the judgment and an order denying a motion for a new trial. The Nelson Bennett Company, a Washington corporation, in the month of March, 1903, entered into a contract with the Twin Falls Land & Water Company, a Utah corporation, whereby the former agreed to construct about thirty-eight miles of canal for the appellants in the counties of Lincoln and Cassia on the south side of the Snake river, and which is now commonly called the Twin Falls canal. After the work was completed, the Nelson Bennett Company filed a lien against the canal and all the property connected…

2Cases cited27 opinions

  1. Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
  2. Tilton v. . BeecherNew York Court of Appeals · 1874
  3. Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896
  4. Chicago, Santa Fé & California Railroad v. PriceSupreme Court of the United States · 1891
  5. McCoy v. AbleIndiana Supreme Court · 1892

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

3Cited by32 opinions

  1. Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
  2. Bouten Construction Co. v. H.F. Magnuson Co.Idaho Supreme Court · 1999
  3. Duval County v. Charleston Engineering & Contracting Co.Supreme Court of Florida · 1931
  4. Hill v. Twin Falls Salmon River Land & Water Co.Idaho Supreme Court · 1912
  5. Dickey v. ClarkeIdaho Supreme Court · 1943

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

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