Irvine v. McDougall
District Court, D. Alaska
This is an action by the plaintiff to foreclose various liens for labor alleged to have been performed in the development and improvement of the “Pioneer quartz mining claim, situate at the head of Fairbanks creek, on the left limit thereof, on the divide between said creek and Wolf creek”; the plaintiff claiming a lien on the premises for labor performed by himself, and also claiming as the assignee of several other laborers.
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This is an action by the plaintiff to foreclose various liens for labor alleged to have been performed in the development and improvement of the “Pioneer quartz mining claim, situate at the head of Fairbanks creek, on the left limit thereof, on the divide between said creek and Wolf creek”; the plaintiff claiming a lien on the premises for labor performed by himself, and also claiming as the assignee of several other laborers. The defendants have demurred to the complaint, alleging, as grounds of demurrer, that this court has no jurisdiction of the subject-matter of the action; that the…
1Opinion of the Court
FULLER, District Judge.
The respects in which it was especially urged that the complaint was defective were that the complaint did not show that certain matters, required by statute to be in the notices of lien filed, were contained in the notices mentioned in the complaint; and that inasmuch as the complaint does not show that valid notices of lien were filed with the recorder, but, on the contrary, shows that the notices which were filed were insufficient, the complaint is fatally defective.
The first matter urged is that the notices of lien are not verified as required by statute. The…
2Cases cited12 opinions
- Home Insurance v. HowardIndiana Supreme Court · 1887
- Kezartee v. Marks & Co.Oregon Supreme Court · 1888
- Chamberlain v. City of LewistonIdaho Supreme Court · 1912
- Coburn v. StephensIndiana Supreme Court · 1894
- Phillips v. Salmon River Mining & Development Co.Idaho Supreme Court · 1903
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