Bonner v. Minnier
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action to foreclose mechanic’s lien. The cause was tried before Durfee, J. Defendants had judgment below. Statement of the case by Mr. Justice Harwood. — This action was brought to obtain judgment, and foreclose a lien to enforce payment, for materials furnished and used in the construction of a certain house in the village of Champion, Deer Lodge county.
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Appeal from Third Judicial District, Deer Lodge County. Action to foreclose mechanic’s lien. The cause was tried before Durfee, J. Defendants had judgment below. Statement of the case by Mr. Justice Harwood. — This action was brought to obtain judgment, and foreclose a lien to enforce payment, for materials furnished and used in the construction of a certain house in the village of Champion, Deer Lodge county. It appears that said house was built upon a piece of land theretofore vacant, being part of a quartz lode mining claim, purchased by defendant Minnier from one Baudet, which purchase…
1DissentDe Witt, J.
This action is brought to foreclose a lien for materials furnished for a building of defendants. The case was tried by the court without a jury. Defendants are husband and wife. The court gave a money judgment against Minnier, but denied the lien. Plaintiff appeals.
The defense against the lien was that the premises were a homestead, and, as such, “ not subject to forced sale on execution or any other final process from a court” (Code Civ. Proc., § 322), and that a material-man did not come within section 323, supra, which provides that “ such exemption [homestead] shall not affect any…
2Cases cited35 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Charless v. LambersonSupreme Court of Iowa · 1855
- Barnes v. WhiteTexas Supreme Court · 1880
- Drucker v. RosensteinSupreme Court of Florida · 1882
- Blum v. CarterSupreme Court of Alabama · 1879
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