Capron v. Strout
Nevada Supreme Court
Appeal from tbe District Court of the - Sixth Judicial District, Eureka County. The facts are stated in tire-opinion. I. The law under which the lien is claimed was repealed March 2, 1875. (Stats. 1875, 122.) In Shjrmcv. Oca. M. duM. Co., this court, under the authority of Massachusetts and other cases, held,' that the new law was a substitute for and took the place of the law repealed.
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Appeal from tbe District Court of the - Sixth Judicial District, Eureka County. The facts are stated in tire-opinion. I. The law under which the lien is claimed was repealed March 2, 1875. (Stats. 1875, 122.) In Shjrmcv. Oca. M. duM. Co., this court, under the authority of Massachusetts and other cases, held,' that the new law was a substitute for and took the place of the law repealed. The terms of the new were the same as the old, so far as the liens sought to be enforced were concerned; the new, then, only gave additional liens. In the present instance, the new law takes away the right of…
1Opinion of the Court
By the Court,
Beatty, J.:
This is a suit to foreclose a mortgage given by Strout and Wermuth to the plaintiff. Bobert Stuart was made a party defendant, and in his answer claimed a preferred lien upon the mortgaged premises under the provisions of the laws securing liens to mechanics, miners and others. The district court, in its decree, has allowed his claim, and the plaintiff appeals from the judgment upon the ground that the findings of fact do not support that part of the decree which gives priority to the miner’s lien. The substance of that portion of the findings affecting the points to…
2Cases cited2 opinions
- Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
- Soule v. DawesCalifornia Supreme Court · 1859
3Cited by28 opinions
- Mining Co. v. CullinsSupreme Court of the United States · 1881
- Boatright v. Steinite Radio Corp.Court of Appeals for the Tenth Circuit · 1931
- Great Northern Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Reynolds v. BowenIndiana Supreme Court · 1894
- Thompson v. Wise Boy Mining & Milling Co.Idaho Supreme Court · 1903
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