Lonkey v. Keyes Silver Mining Co.
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Storey county. Richard Rising, District Judge. The facts sufficiently appear in the opinion. I. Proceedings to impose and enforce mechanic’s and labor’s liens have no foundation in the common law, but rest and must find support entirely upon statutes authorizing them. (Benton v. Wickwire, 54 N. Y. 226; Grant v. Vandercook, 57 Barb. 165; Huxford v. Bogardus, 40 How. Pr. N. Y. 94; 8 Abb. Pr.
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Appeal from the District Court of the State of Nevada, Storey county. Richard Rising, District Judge. The facts sufficiently appear in the opinion. I. Proceedings to impose and enforce mechanic’s and labor’s liens have no foundation in the common law, but rest and must find support entirely upon statutes authorizing them. (Benton v. Wickwire, 54 N. Y. 226; Grant v. Vandercook, 57 Barb. 165; Huxford v. Bogardus, 40 How. Pr. N. Y. 94; 8 Abb. Pr. N. S. 455; Skyrme v. Occidental Oo., 8 Nev. 228.) II. There was no service of the summons in this action, either personally upon any officer of the…
1Opinion of the Court
By the Court,
Murphy, J.:
This was an action to foreclose a number of liens against a mining claim and its appurtenances for material furnished and labor performed in and upon said mining claim, the property of the Keyes Silver Mining Company. Oliver Lonkey filed his complaint, and had summons issued thereon, and a notice to. lien holders and claimants published, as required by the provisions of section 3822, Gen. Stat. Nev. On the day appointed for the hearing, James Cook, Daniel Reidy, Maurice Sheehan and John Kelly, having filed their notices of lien, intervened. The default of the…
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