Jones v. Church of the Holy Trinity
Nebraska Supreme Court
Error to the district court of Lancaster county, Pound, J., presiding. Payment to Hoagland Brothers was wrongful, because they had no claim under the mechanic’s lien law. The money was owing to plaintiff alone. In no event could they lay claim under the law in question to any lien on defendant’s in error property, or upon funds in its hands owing the plaintiff in error, certainly not upon so much of said funds as has been ordered paid over by precedent authority.
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Error to the district court of Lancaster county, Pound, J., presiding. Payment to Hoagland Brothers was wrongful, because they had no claim under the mechanic’s lien law. The money was owing to plaintiff alone. In no event could they lay claim under the law in question to any lien on defendant’s in error property, or upon funds in its hands owing the plaintiff in error, certainly not upon so much of said funds as has been ordered paid over by precedent authority. Copeland v. Mantón, 22 Ohio State, 398. M’ Oulr lorn v. Richardson, 2 Handy, 275. On question of validity of justice’s judgment…
1Opinion of the Court
Lake, Ch. J.
The errors complained of are predicated on the conclusions of law found by a referee to whom the case in the court below was sent for trial, and whose report was confirmed.
*83The facts found by the referee were not excepted to. These, in so far as they bear on the questions presented for our decision, are, substantially:
1st. That on the 17th of May, 1880, the plaintiff made a contract with the defendant to furnish the materials and do the work in the enlargement of its church building in Lincoln, which he did by himself and sub-contractors, of whom J. Searing was one.
2d. That the…
2Cases cited1 opinion
- State ex rel. Ferguson v. ShropshireNebraska Supreme Court · 1876
3Cited by5 opinions
- Johnston v. HunterWest Virginia Supreme Court · 1901
- Rema v. StateNebraska Supreme Court · 1897
- Stein v. CavenNorth Dakota Supreme Court · 1927
- Lane v. ThomasSummit Circuit Court · 1903
- State v. NoyesIdaho Supreme Court · 1908