Legal Opinion

Whiteside v. School District No. 5

Montana Supreme Court

Decided June 21, 1897PublishedCited by 5 opinions

Appeal from District Court, Flathead County. Charles W. Pomeroy, Judge. Action by Fred Whiteside against School District No. 5 of Flathead county and others. From a judgment in favor of ■defendants, plaintiff appeals.

1Opinion of the CourtHunt, J.

Plaintiff brought this action to enforce a me-

•chanic’s lien, against certain .lots. of. ground . alleged to belong to the defendant School District No. 5, Flathead county, Montana, and the buildings and improvements thereon, for material and labor furnished and used in the erection of a school house. Plaintiff was a sub-contractor, with a balance due him by the contractor. The question raised is whether such a lien ■can be enforced against a school house .and lots held by school trustees for uses of a public school.

Boisot, a late and careful writer on mechanics’ liens, state the law as…

2Cases cited6 opinions

  1. Mayrhofer v. Board of Education of San DiegoCalifornia Supreme Court · 1891
  2. Fatout v. Board of School CommissionersIndiana Supreme Court · 1885
  3. State ex rel. Board of Education v. TiedemannSupreme Court of Missouri · 1879
  4. Jordan v. Board of EducationSupreme Court of Minnesota · 1888
  5. Hovey v. Town of East ProvidenceSupreme Court of Rhode Island · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
  2. City of Butte v. School District No. 1Montana Supreme Court · 1904
  3. Fisher v. Pioneer Construction Co.Supreme Court of Colorado · 1917
  4. Ackroyd v. Winston Bros.Court of Appeals for the Ninth Circuit · 1940
  5. Ackroyd v. Winston Bros.Court of Appeals for the Ninth Circuit · 1940

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