Irvine v. McDougall
District Court, D. Alaska
This is an action to foreclose laborers’ liens upon the Pioneer quartz mining claim situate at the head of Fairbanks creek, in the Fairbanks recording precinct; the plaintiff claiming a lien on behalf of himself for labor performed in the development of said Pioneer quartz mining claim, and also as the assignee of six other lien claimants.
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This is an action to foreclose laborers’ liens upon the Pioneer quartz mining claim situate at the head of Fairbanks creek, in the Fairbanks recording precinct; the plaintiff claiming a lien on behalf of himself for labor performed in the development of said Pioneer quartz mining claim, and also as the assignee of six other lien claimants. The plaintiff alleges the performance of certain development work on the Pioneer quartz mining claim under contract with the defendant McDougall, a compliance with the provisions of the statute entitling plaintiff to foreclose a lien for services rendered,…
1Opinion of the Court
BUNNELL, District Judge.
In the first place, the court calls attention to the second paragraph of the note to title 12, page 276, of the Compiled Laws of Alaska:
“The safe and .proper rule of construction of mechanic’s lien statutes is that, while the remedial portions of these statutes should be liberally construed, with a view to avoid defeating the purpose of the statute, yet those parts upon which the right to the existence of a lien depend, being in derogation of the common law, should be strictly construed.” Morris v. Marsh, 3 Alaska, 144.
Chapter 28, title 12, of the Compiled Laws of…
2Cases cited4 opinions
- Ogden v. . AlexanderNew York Court of Appeals · 1893
- Noll v. KenneallyNebraska Supreme Court · 1893
- Dexter Horton & Co. v. SparkmanWashington Supreme Court · 1891
- Morris v. MarshDistrict Court, D. Alaska · 1906
3Cited by4 opinions
- H.A.M.S. Co. v. Electrical Contractors of Alaska, Inc.Alaska Supreme Court · 1977
- Sullens & Hoss, Inc. v. FarvourDistrict Court, D. Alaska · 1954
- Bergstrom v. Kugruk Mines, Inc.District Court, D. Alaska · 1944
- H.A.M.S. Co. v. Electrical Contractors of Alaska, Inc.Alaska Supreme Court · 1977