Epley v. Scherer
Supreme Court of Colorado
Error to Circuit Court of Arapahoe County. The complaint in this case alleged: “ That said Jacob Scherer on, to wit, the second day of January, A. D. 1880, was the owner of lots numbered (15) fifteen and (16) sixteen, in block numbered (61) sixty-four, in the east division of the city of Denver, in the county of Arapahoe aforesaid, and thence hitherto hath been and now is the owner of said lots.
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Error to Circuit Court of Arapahoe County. The complaint in this case alleged: “ That said Jacob Scherer on, to wit, the second day of January, A. D. 1880, was the owner of lots numbered (15) fifteen and (16) sixteen, in block numbered (61) sixty-four, in the east division of the city of Denver, in the county of Arapahoe aforesaid, and thence hitherto hath been and now is the owner of said lots. That one Yalentine Harding, on or about the second day of January, A. D. 1880, was, at the special instance and request of said Jacob Scherer, engaged in the erection and construction of a building…
1Opinion of the Court
Stone, J".
Action in the court below was brought by plaintiff in error against the defendant in error, to enforce a mechanic’s lien upon the premises of the defendant for building materials furnished by plaintiffs to sub-contractors.
The complaint was demurred to as not stating facts sufficient to show a cause of action. The demurrer was sustained by the county court. The plaintiffs elected to stand by their complaint, and assign here for error the judgment of the court upon sustaining the demurrer.
' Section 6 of the act of 18.76, amendatory of the mechanic’s lien law, is as follows:
“ Nothing…
2Cases cited3 opinions
- Thomas v. Board of TrusteesIllinois Supreme Court · 1874
- Henley v. WadsworthCalifornia Supreme Court · 1869
- Bailey v. JohnsonNew York Court of Common Pleas · 1859
3Cited by4 opinions
- In Re CunhaCalifornia Court of Appeal · 1932
- Greeley, S. L. & P. R. v. HarrisSupreme Court of Colorado · 1888
- Great Western Sugar Co. v. F. H. Gilcrest Lumber Co.Colorado Court of Appeals · 1913
- Great Western Sugar Co. v. F. H. Gilcrest Lumber Co.Colorado Court of Appeals · 1913