Lewis v. Beeman
Oregon Supreme Court
From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Justice Moore. This is a suit by Alfred Lewis and others to foreclose miners' liens.
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From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Justice Moore. This is a suit by Alfred Lewis and others to foreclose miners' liens. The defendants Joseph H. Beeman and Hattie H. Bee-man on November 1, 1902, leased to the defendants F. B. Flanders and N. H. Beers certain quartz mining claims and other real property in Jackson County, together with a stamp mill erected thereon; and, the possession of the premises having been delivered to the lessees, the several plaintiffs were employed in operating and developing the mines. Flanders left the property December 8, 1902, in charge of the…
1Opinion of the CourtJustice Moore
1. It is contended by plaintiffs’ counsel that, without any objection on the part of either of the Beemans, the cause was referred, and, the testimony having been taken in pursuance thereof, they are estopped to assert that Flanders and Beers should have been served with process, and hence, an error was committed in dismissing the suit. The statute commands that all persons personally liable for the payment of the sum due for labor performed in operating or developing a mine, to secure which sum a lien is foreclosed, shall be made parties: B. & C. Comp. § 5672. In Osborn v. Logus, 28 Or. 302…
2Cases cited4 opinions
- House v. JacksonOregon Supreme Court · 1893
- Osborn v. LogusOregon Supreme Court · 1894
- Stinson v. HardyOregon Supreme Court · 1895
- Nicolai v. Van FridaghOregon Supreme Court · 1892
3Cited by9 opinions
- Bagley v. BlochOregon Supreme Court · 1917
- Lanier v. LovettArizona Supreme Court · 1923
- Bartels v. McCulloughOregon Supreme Court · 1921
- Equitable Savings & Loan Ass'n v. HewittOregon Supreme Court · 1910
- Jennings v. Oregon Land Co.Oregon Supreme Court · 1906
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