Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. De Frees
Indiana Supreme Court
From Superior Court of Marion County (71,237); John L.'McMaster, Judge. Action by Morris M. De Frees against the Cleveland, Cincinnati, Chicago and St. Louis Railway Company and others. From a judgment- for plaintiff, defendant company appeals.
1Opinion of the CourtMontgomeby, J.
Appellee brought this action against appellant and others to foreclose a mechanic’s lien for certain work done by him as subcontractor, upon appellant’s roadbed and right of way. The court made a special finding of facts, upon which conclusions of law were stated, to the effect: (1) That appellee was entitled to a lien upon appellant’s right of way for the sum of $4,666.27; (2) *718that since the right of way upon which such lien rested was in use, and was necessary to the proper and successful operation of appellant’s railway system and the conduct of its corporate business and could not be sold…
2Cases cited1 opinion
- Indianapolis Northern Traction Co. v. BrennanIndiana Supreme Court · 1909
3Cited by6 opinions
- Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
- Halstead v. StahlIndiana Court of Appeals · 1911
- Todd v. HowellIndiana Court of Appeals · 1911
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SheaIndiana Supreme Court · 1910
- Overholser v. CliftonIndiana Court of Appeals · 1911
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