Legal Opinion

Von Dorn v. Mengedoht

Nebraska Supreme Court

Decided June 26, 1894No. 6278PublishedCited by 21 opinions

Error and appeal from the district court of Douglas county. Heard below before Irvine, J. The facts are stated by the commissioner. The architect was not entitled to a mechanic’s lien. (Comp. Stats., secs. 1, 3, ch. 54; Bank of Pennsylvania v. Gries, 35 Pa. St., 423; Price v. Kirk, 90 Pa. St., 47; Bush v. Able, 90 Pa. St., 153; Foushee v. Grigsby, 12 Bush [Ky.], 75; Pennsylvania & D. R. Co. v. Leujfer, 84 Pa.

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Error and appeal from the district court of Douglas county. Heard below before Irvine, J. The facts are stated by the commissioner. The architect was not entitled to a mechanic’s lien. (Comp. Stats., secs. 1, 3, ch. 54; Bank of Pennsylvania v. Gries, 35 Pa. St., 423; Price v. Kirk, 90 Pa. St., 47; Bush v. Able, 90 Pa. St., 153; Foushee v. Grigsby, 12 Bush [Ky.], 75; Pennsylvania & D. R. Co. v. Leujfer, 84 Pa. St., 168.) . Under the laws of Nebraska a female is not eligible to the office of notary public. (Comp. Stats., sec. 1, ch. 60; Robinson’s Case, 131 Mass., 376; Bradwell v. State of…

1Opinion of the Court

Eagan, C.

November 3, 1890, Theodore L. Yon Dorn owned certain real estate in the city of Omaha and on that date a contract in writing was entered into between him and Frederick Mengedoht and Adam Feichtmayer, copartners, by the terms of which they, in consideration of $18,540 to be paid them, agreed to furnish all material and labor and construct for Yon Dorn a building on his real estate, the same to be completed by April 1, 1891. This contract, amongst other things, provided that all material and labor used in the construction of such building should be first-class in every respect; that…

2Cases cited4 opinions

  1. Stryker v. . CassidyNew York Court of Appeals · 1879
  2. Carlow v. C. Aultman & Co.Nebraska Supreme Court · 1890
  3. Knight v. NorrisSupreme Court of Minnesota · 1868
  4. Fitzgerald v. BrandtNebraska Supreme Court · 1893

3Cited by21 opinions

  1. Lamb Engineering & Construction Company v. Nebraska Public Power DistrictCourt of Appeals for the Eighth Circuit · 1997
  2. Gould v. McCormickWashington Supreme Court · 1913
  3. Field v. Consolidated Mineral Water Co.Supreme Court of Rhode Island · 1903
  4. State ex rel. Weiner v. HansNebraska Supreme Court · 1963
  5. Continental & Commercial Trust & Savings Bank v. North Platte Valley Irr. Co.Court of Appeals for the Eighth Circuit · 1915

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