Garr, Scott & Co. v. Clements
North Dakota Supreme Court
Appeal from District Court, Pembina County, Lauder, J. Action in claim and delivery by Garr, Scott & Co. against W. B. Clements. Defendant had judgment, and plaintiffs appeal. The mechanic’s lien law of 1890 under which the defendant claims ownership is unconstitutional. Getchellv.
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Appeal from District Court, Pembina County, Lauder, J. Action in claim and delivery by Garr, Scott & Co. against W. B. Clements. Defendant had judgment, and plaintiffs appeal. The mechanic’s lien law of 1890 under which the defendant claims ownership is unconstitutional. Getchellv. Allen, 34 la. 559; Equitable Life Insurance Co. v. Slye, 45 la. 615; Meyer v. Berlandi, 40 N. W. Rep. 513; Dennison v. Shuler, 11 N. W. Rep. 402; Laird v. Noonan, 20 N. W. Rep. 354. The mechanic’s lien law of 1890 was in force when the moi'tgage in questioñ was executed by defendant, and the mortgage was taken with…
1Opinion of the CourtCorliss, J.
The object of this action was to recover the possession of a threshing engine. The defendant was successful in the trial court. He there obtained judgment for the return to him of the property in question, the plaintiffs having taken it under claim and delivery proceedings in the action. The plaintiffs claimed the right to the possession of the engine under a mortgage thereon executed and delivered to them by Daniels & Sullivan, to whom the plaintiffs had sold the property; the mortgage having been given to secure the purchase price thereof. This mortgage was filed in the proper office.…
2Cases cited11 opinions
- Meyer v. BerlandiSupreme Court of Minnesota · 1888
- Watts v. SweeneyIndiana Supreme Court · 1891
- Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
- Case v. AllenSupreme Court of Arkansas · 1878
- Smith v. StevensSupreme Court of Minnesota · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Reeves & Co. v. RussellNorth Dakota Supreme Court · 1914
- Federal Farm Mortgage Corp. v. FalkNorth Dakota Supreme Court · 1936
- Gardner v. First National Bank of DeQueenSupreme Court of Arkansas · 1916
- First National Bank v. ScottNorth Dakota Supreme Court · 1898
- American Type Founders Co. v. NicholsTexas Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.