Nelson v. Clerf

The opinion of the court was delivered by

Stiles, J. —

The principal defendant below, the West Side Irrigating Company, employed Clerf & Kleinsmidt to excavate an irrigating ditch twelve miles long over the lands of various owners. Clerf & Kleinsmidt sub-let to plaintiffs two miles of the work. Plaintiffs claimed performance of their sub-contract, and filed a mechanic’s lien upon the ditch, which they sought to foreclose by this action. The superior court dismissed the action for failure to show ownership or interest in the land over which the line of the ditch lay. All that appeared upon these…