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15 Nev. 58

Lonkey v. Cook

Nevada Supreme Court

Decided January 15, 1880

Nevada Supreme Court · decided 1880-01-15

The district court, as conclusions of law, found that the defendants Cook and Miller were justly indebted to plaintiffs in the sum of two thousand seven hundred and eighty-four dollars and sixteen cents, and to other lien claimants in the sum of one hundred and sixty-three dollars and ninety-eight cents, and that the defendant, the Carson Opera House Association, was, at the time this suit ivas commenced, and at the time the several claims of lien were made, and now is,…

Relies on James Hunter & Co. v. Truckee Lodge

Good law ✅— No negative treatment on recordhow we know

Decided 1880-01-15

How this case has been cited

Cited by 6 later decisions — most recently January 1900

6 state decisions

30188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1By the Court,

Hawley, J.:

¶2A majority of the members of this court, in Hunter v. Truckee Lodge, I. O. O. F. (14 Nev. 25), after a thorough consideration of the question involved in this case, in construing the mechanics’ lien law of this State, decided that the legislature .“intended to give sub-contractors and ma*59terial men direct, liens upon the premises for the value of their labor and materials, regardless of payments on the principal contract made prior to the time within which the law requires a notice of their claim to be recorded.”

¶3From this opinion it follows that appellants had a valid lien against the premises described in the complaint for the full amount of the indebtedness proved at the trial.

¶4The judgment and decree appealed from, in so far as the court refused to allow a lien for any greater sum than was owing by the Carson Opera House Association to Cook and Miller, the contractors, are reversed, and the district court is hereby directed to enter a judgment and decree in favor of appellants for the full amount of their claim as proved at the trial.

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