Brubaker v. Bennett
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action to foreclose a sub-contractor’s mechanics’ lien. On the trial the admission of the notice'of lien in evidence was objected to by the defense on the ground that it was not in conformity with the provisions of Sec. 1386, R. S. 1898. The objection was overruled and exception taken. From a judgment for plaintiff, defendant appeals.
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Appeal from the Third District Court, Salt Lake County, Hon. Ogden Hiles, Judge. Action to foreclose a sub-contractor’s mechanics’ lien. On the trial the admission of the notice'of lien in evidence was objected to by the defense on the ground that it was not in conformity with the provisions of Sec. 1386, R. S. 1898. The objection was overruled and exception taken. From a judgment for plaintiff, defendant appeals. At the trial plaintiff asked the court to allow an attorney’s fee taxed as costs in pursuance of Sec. 1400, R. S. 1898. Objection was made that the section referred to was…
1ConcurrenceBaetch, C. J.
I am of the opinion that the demurrer should have been sustained, within, the holding of Morrison v. Willard. 17 Utah, 306; 53 Pac., 832. I dissent from that part of the opinion, but concur in other respects,
jMlNER, J,
2Cases cited2 opinions
- Malola Pool v. Southern Pacific Co.Utah Supreme Court · 1891
- Morrison, Merrill & Co. v. WillardUtah Supreme Court · 1898