Legal Opinion

Byrd v. Cochran

Nebraska Supreme Court

Decided February 6, 1894No. 5190PublishedCited by 11 opinions

Appeal from the district court of Douglas county. Heard below before Wakeley, J. The opinion contains a statement of the case. The affidavit for a lien shows the venue to be Webster county. The attesting seal is that of a notary public of Douglas county. The affidavit was insufficient, and the filing of the paper did not create a lien. (Secs. 5, 6, ch. 61, Comp. Stats.; Blair v. West Point Mfg. Co., 7 Neb., 347; Colman v. Goodnow, 36 Minn., 9; Davis v. Rich, 2 How.

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Appeal from the district court of Douglas county. Heard below before Wakeley, J. The opinion contains a statement of the case. The affidavit for a lien shows the venue to be Webster county. The attesting seal is that of a notary public of Douglas county. The affidavit was insufficient, and the filing of the paper did not create a lien. (Secs. 5, 6, ch. 61, Comp. Stats.; Blair v. West Point Mfg. Co., 7 Neb., 347; Colman v. Goodnow, 36 Minn., 9; Davis v. Rich, 2 How. Pr. [N. Y.], 86; Sandland v. Adams, 2 Ho'w. Pr. [N. Y.], 127; Snyder v. Olmsted, 2 How. Pr. [N. Y.], 181.) One who contracts…

1Opinion of the CourtHarrison, J.

In this case the plaintiff Milton Byrd commenced an action in the district court of Douglas county to foreclose a mechanic’s lien, alleging in his petition that defendant Elmer G. Cochran owned, or was the reputed owner of, a certain lot or small piece of land in said county; that on or about the first of June, 1889, said Elmer G. Cochran, entered into a contract with W. M. Bell and T. J. Hines, whereby they agreed to furnish labor and materials and erect for Cochran a dwelling upon the said land; that on the 29th day of August said contractors employed the plaintiff Byrd to do the plastering…

2Cases cited3 opinions

  1. Doolittle v. PlenzNebraska Supreme Court · 1884
  2. Colman v. GoodnowSupreme Court of Minnesota · 1886
  3. Hassett v. CurtisNebraska Supreme Court · 1886

3Cited by11 opinions

  1. Fairbanks, Morse & Co. v. GetchellCalifornia Court of Appeal · 1910
  2. Albers v. KozeluhNebraska Supreme Court · 1903
  3. Lewis v. City of LibertyMissouri Court of Appeals · 1980
  4. Rosebud Lumber & Coal Co. v. HolmsNebraska Supreme Court · 1952
  5. Welton v. AtkinsonNebraska Supreme Court · 1898

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