Fallihee v. Wittmayer
South Dakota Supreme Court
Appeal from circuit court, McPherson county. Hon. L. E. Gappy, Judge. Action by John W. Fallihee against John Wittmayer and Magdalena Wittmayer. From so much of a judgment as cancels a mechanics’ lien claimed by plaintiff, he appeals. The facts are stated in the opinion.
1Opinion of the CourtCorson, P. J.
This is an action to enforce a mechanics’ lien. The defendant Magdalena Wittmeyer filed a separate answer, in which she avers: “That at the times mentioned in said complaint she was the wife of the defendant John Wittmayer, and that she and her said husband, with their family, resided upon the lands mentioned in said complaint, and occupied a house on said land, and that the same was their homestead, and they have continued to occupy said lands; that she and her children still reside therpon; that said homestead consists of one lot, not exceeding one acre, within the city of Eureka; and that…
2Cited by7 opinions
- Robert Burns Lumber Co. v. PetersonSouth Dakota Supreme Court · 1925
- The Home Lbr. Co. v. HeckelSouth Dakota Supreme Court · 1940
- Morgan v. BeutheinSouth Dakota Supreme Court · 1898
- Davis v. LowOregon Supreme Court · 1913
- Botsford Lumber Co. v. ClouseSouth Dakota Supreme Court · 1933
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