Robertson v. Moore

Citations

• 10 Idaho 115
• 77 P. 218
• 1904 Ida. LEXIS 13

Syllabus

<p>Complaint — What Should Contain in Foreclosure op Laborers’ Liens — Conflicting Evidence in Equity Cases — Judgment Should Describe Land to be Sold — What the Notice op Lien Should Contain — Application por Continuance — Fees in Mechanic’s Lien Cases.</p> <p>1. A complaint for the foreclosure of a laborer’s lien that sufficiently describes the property, fixes the time and manner of labor, the amount due, and that the lien was filed within the statutory time together with necessary requirements in ordinary suits in equity is sufficient.</p> <p>2. Where there is a substantial conflict in the evidence on material issues involved, this court mil not reverse the trial court either in law or equity cases, where the case has been tried on oral evidence.</p> <p>3. By the provisions of the Session Laws of 1899, being termed an act to secure liens for mechanics, laborers, materialmen and other persons, found on page 147, section 4 requires the trial court to ascertain the amount of land necessary for the convenient use of the property to be sold, and it is error not to do so.</p> <p>4. The notice of lien should contain a statement of the demand; the name of the owner or reputed owner if known; the name of the person by whom employed; a description of the property, which claim must be verified.</p> <p>5. An application for the continuance of a cause appeals to the sound discretion of the trial court, and his ruling thereon will not be disturbed by this court unless it appears that there has been an abuse therof.</p> <p>6. Attorneys’ fees are allowed in the foreclosure of mechanics’ and laborers’ liens.</p> <p>7. In an action to enforce a mechanic’s or laborer’s lien, where it is shown by counterclaim or cross-complaint that there is a demand for affirmative relief, either party is entitled to a jury trial on that issue, if it is in the nature of an action at law.</p> <p>(Syllabus by the court.)</p>