Western Plumbing Co. v. Fried
Montana Supreme Court
Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by the Western Plumbing Company against R. M. Fried. From a judgment in favor of defendant, plaintiff appeals. The lien was not properly verified and the court committed no error in excluding it. “An affidavit verifying a mechanic’s lien must be sworn to positively. ’ ’ (Dorman v. Crozier, 14 Kan. 227; McElwee v. Sanford, 53 How. Pr. (N. Y.) 89; Keogh v. Main, 50 N. Y. Super.
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Appeal from District Court, Silver Bow County; E. W. Harney, Judge. Action by the Western Plumbing Company against R. M. Fried. From a judgment in favor of defendant, plaintiff appeals. The lien was not properly verified and the court committed no error in excluding it. “An affidavit verifying a mechanic’s lien must be sworn to positively. ’ ’ (Dorman v. Crozier, 14 Kan. 227; McElwee v. Sanford, 53 How. Pr. (N. Y.) 89; Keogh v. Main, 50 N. Y. Super. Ct. 183; Montana L. & M. Co. v. Obelisk Min. Co., 15 Mont. 20, 26, 37 Pac. 897; Globe Iron Roofing etc. Co. v. Thatcher, 87 Ala. 458, 6 South.…
1Opinion of the CourtJustice Holloway
This action was brought by the Western Plumbing Company, a corporation, to enforce a mechanic’s lien. The allegations of the complaint were denied in the answer, and upon the issues thus framed the cause was tried. Upon the trial plaintiff offered in evidence the lien which was verified as follows: “John Maus, being first duly sworn, on oath says that he is the president of the Western Plumbing Company, a corporation, and as such makes this affidavit; that he has read the foregoing claim of lien, knows the contents thereof, and that the matters and things therein stated are true, to the best…
2Cases cited3 opinions
- Benepe-Owenhouse Co. v. ScheideggerMontana Supreme Court · 1905
- Goodrich Lumber Co. v. DavieMontana Supreme Court · 1893
- Aldritt v. PantonMontana Supreme Court · 1895
3Cited by13 opinions
- Donovan v. McDevittMontana Supreme Court · 1907
- Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1909
- Lus v. PecararoIdaho Supreme Court · 1925
- Wertz v. LambMontana Supreme Court · 1911
- Rogers-Templeton Lumber Co. v. WelchMontana Supreme Court · 1919
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