Barnard & Leas Manuf'g Co. v. Galloway
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank E. Aikens, Judge. ■ .Action to enforce a mechanic’s lien on realty. Plaintiff had judgment, and defendants appeal. The facts are stated in the opinion. No evidence was introduced showing that any work was performed or any material furnished on any building situate on the premises describe'! in either the contract, the lien or the complaint.
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Appeal from circuit court, Minnehaha county. Hon. Frank E. Aikens, Judge. ■ .Action to enforce a mechanic’s lien on realty. Plaintiff had judgment, and defendants appeal. The facts are stated in the opinion. No evidence was introduced showing that any work was performed or any material furnished on any building situate on the premises describe'! in either the contract, the lien or the complaint. No proof was ever introduced that the defendant, Galloway, at any time owned these premises. There was therefore no evidence to sustain the finding of the court. It is indispensable that the…
1Opinion of the CourtFuller, J.
The complaint, in stating a cause of action in the usual form for the foreclosure of a mechanic’s lien for $3,616.97, as the balance due on a contract made and entered-into on the 18th day of April, 1889, by and between the plaintiff and the defendant George A. Galloway for material furnished and labor performed, of the aggregate value of $6,412.70, to be used in and about the erection and construction of a certain roller mill situated on lots 5, 6, 7 and 8, in block 3, in the city of Dell Rapids, Minnehaha county, S. D., of which the said George Galloway was the owner on the 17th day of…
2Cases cited3 opinions
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Morris v. NilesWisconsin Supreme Court · 1886
- Latimer v. MorrainWisconsin Supreme Court · 1877
3Cited by17 opinions
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Gade v. CollinsSouth Dakota Supreme Court · 1896
- Parrish v. MahanySouth Dakota Supreme Court · 1897
- Carroll v. NisbetSouth Dakota Supreme Court · 1897
- Mettel v. GalesSouth Dakota Supreme Court · 1900
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