Mitchell v. Monarch Elevator Co.
North Dakota Supreme Court
Appeal from District Court, Griggs county; Burke, J. Action by Stephens Mitchell against the Monarch Elevator Company. Judgment for plaintiff. Defendant appeals. Perfect compliance with statute essential to lien. Parker v. First National Bank, 3 N. D. 87, 54 N. W. 313; Anderson v. Alseth, 62 N. W. 435; Moher v. Rasmusson, 95 N. W. 152, 12 N. D. 71. The lien affidavit must contain all the facts required by statute or the lien is of no effect. Moher v. Rasmusson, supra.
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Appeal from District Court, Griggs county; Burke, J. Action by Stephens Mitchell against the Monarch Elevator Company. Judgment for plaintiff. Defendant appeals. Perfect compliance with statute essential to lien. Parker v. First National Bank, 3 N. D. 87, 54 N. W. 313; Anderson v. Alseth, 62 N. W. 435; Moher v. Rasmusson, 95 N. W. 152, 12 N. D. 71. The lien affidavit must contain all the facts required by statute or the lien is of no effect. Moher v. Rasmusson, supra. It must be shown in statement, averred in complaint, and established in the proof, that the grain to which lien attached was…
1Opinion of the CourtMorgan, C. J.
This action was brought to recover damages against the defendant for the conversion of grain on which the plaintiff claimed a thresher’s lien. The case was submitted to the court for decision upon stipulated facts. No objections were taken at the trial except that the complaint did not state facts sufficient to constitute a cause of action, and that it appears upon the face of the complaint that the plaintiff is not entitled to maintain the action. The trial court made findings of fact and conclusions of law in plaintiff’s favor and judgment was duly entered thereon. The defendant has…
2Cases cited6 opinions
- Richmire v. Andrews & Gale Elevator Co.North Dakota Supreme Court · 1903
- Doolittle v. PlenzNebraska Supreme Court · 1884
- Holden v. CoxSupreme Court of Iowa · 1883
- Richardson Bros. v. PetersenSupreme Court of Iowa · 1882
- Kennard v. HarveyIndiana Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hahn v. Sleepy Eye Milling Co.South Dakota Supreme Court · 1907
- Branthover v. Monarch Elevator Co.North Dakota Supreme Court · 1916
- Warren v. OlsonNorth Dakota Supreme Court · 1920
- Wonser v. Walden Farmers Elevator Co.North Dakota Supreme Court · 1915
- Mace v. ColeNorth Dakota Supreme Court · 1924
10 more not listed; retrieve them via the Exa API.