Pinkerton v. Le Beau
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. John W. Nowlin, Judge. Action by Wallace W. Pinkerton against Kelly Le Beau and James Haft to foreclose a lien for materials furnished under the mechanic’s lien law. Judgment was rendered in favor of plaintiff against both defendants, and defendant Haft appeals. The facts are stated in the opinion.
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Appeal from circuit court, Pennington county. Hon. John W. Nowlin, Judge. Action by Wallace W. Pinkerton against Kelly Le Beau and James Haft to foreclose a lien for materials furnished under the mechanic’s lien law. Judgment was rendered in favor of plaintiff against both defendants, and defendant Haft appeals. The facts are stated in the opinion. Only the actual parties to the contract for furnishing the work and materials can maintain a mechanic’s lien: ■ Comp: Laws, § 5469; 2 Jones, Liens, § 1393; Phil. Mech. Liens, § 392; Dye v. Forbes, 34 Minn. 13; German v. Schlath, 59 Iowa, 316; Henry…
1Opinion of the CourtCorson, J.
This was an action to foreclose a lien for material furnished under the mechanic’s lien law of this state. Judgment was rendered in favor of the plaintiff against both defendants, and the defendant Haft appeals. The complaint is in the usual form. The defendant Haft answered, denying all the allegations of the complaint except the transfer of the claim to the plaintiff, and set up affirmatively that he was the owner of the premises upon which the lien was sought to be foreclosed. The case was tried by a referee, who found the facts and stated his conclusions of law thereon. The facts found,…
2Cases cited10 opinions
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- Wagar v. BriscoeMichigan Supreme Court · 1878
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