Alberti v. Moore
Supreme Court of Oklahoma
Okla. T. Error from District Court, Kay County; before Bayard T. Hainer, Judge. Action by O. Ií. P. Moore and others against George Alberti to foreclose mechanics’ lien. Judgment for plaintiffs, and defendant brings error. This is an action brought in the district court of Kay County, Okla. T., for the purpose of foreclosing a mechanics’ lien on lot 13, in block 33, in the town of Newkirk, Okla., property of George Alberti, plaintiff in error.
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Okla. T. Error from District Court, Kay County; before Bayard T. Hainer, Judge. Action by O. Ií. P. Moore and others against George Alberti to foreclose mechanics’ lien. Judgment for plaintiffs, and defendant brings error. This is an action brought in the district court of Kay County, Okla. T., for the purpose of foreclosing a mechanics’ lien on lot 13, in block 33, in the town of Newkirk, Okla., property of George Alberti, plaintiff in error. The material facts out of which this controversy grows are as follows: August 1, 1898, George Alberti entered into a written contract with John IT.…
1Opinion of the CourtDunn, J.
(after stating the facts 'as above.) Under our statutes, and the facts as developed in this case, Moore occupies the position of a materialman, and is entitled to a lien by virtue thereof. He furnished the stone to Pierce and Thomas with which they constructed the building, and which, under their contract, they were bound to furnish for the sum agreed upon-with Alberti. Section 65.1, c. 66, Code Civ. Proc. St. Olcla. 1893, sets out the conditions under which Moore oould obtain a lien against the building or property on which such material was used:
" “Any person who shall furnish any such…
2Cases cited21 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Redington v. CornwellCalifornia Supreme Court · 1891
- Sidener v. PaveyIndiana Supreme Court · 1881
- Lewis v. . PalmerNew York Court of Appeals · 1863
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3Cited by41 opinions
- United States v. L. C. ChapmanCourt of Appeals for the Tenth Circuit · 1960
- Guldberg v. GreenfieldSupreme Court of Iowa · 1966
- K & H Well Service, Inc. v. Tcina, Inc.Supreme Court of Oklahoma · 2002
- Tilt-Up Concrete, Inc. v. Star City/Federal, Inc.Nebraska Supreme Court · 2001
- New York Casualty Co. v. Sinclair Refining Co.Court of Appeals for the Tenth Circuit · 1939
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