Arkansas River Land, Reservoir & Canal Co. v. Nelson

• Decision Date: 26 March 1894
• Citation: 36 P. 307,4 Colo.App. 438
• Court: Colorado Court of Appeals
• Parties: ARKANSAS RIVER LAND, RESERVOIR & CANAL CO. v. NELSON.

36 P. 307

4 Colo.App. 438

ARKANSAS RIVER LAND, RESERVOIR & CANAL CO. v. NELSON.

Court of Appeals of Colorado

March 26, 1894

Error to Otero county court.

Action by A.J. Nelson against the Arkansas River Land, Reservoir &amp Canal Company to foreclose a mechanic's lien. Plaintiff obtained a decree. Defendant brings error. Reversed.

Sheridan & Short, for plaintiff in error.

Alpheus Wright, for defendant in error.

THOMSON J.

This is an action by A.J. Nelson against the Arkansas River Land Reservoir & Canal Company for the enforcement of a mechanic's lien upon its canal. Summons was duly issued and served upon the defendant, who made no appearance to the suit, and default and final judgment for the enforcement of the lien were entered against it. The defendant brings the case to this court by writ of error. The complaint states the plaintiff's claim against the defendant as follows "That the said defendant is indebted to said plaintiff in the sum of four hundred dollars for work and labor performed by the said plaintiff, at the request and solicitation of the said defendant, along the line of and upon the said defendant's canal; and that the said defendant refused, and still refuses, to pay the said amount or any part thereof, although often requested to do so; and that the said amount, to wit, four hundred dollars, remains due and unpaid." The foregoing is the only allegation concerning the indebtedness. The complaint is not sufficient to support a decree for the foreclosure of the lien. The right to a lien on a canal is confined to persons who do work or furnish material for its construction, extension, enlargement, alteration, or repair. Gen.St.1883, § 2136. Labor performed or materials furnished for any other purposes than those specified cannot be made the foundation of a lien; and any person claiming such lien must show affirmatively that the work done or materials furnished were for some one or more of the enumerated purposes. All the material facts which entitle the plaintiff to relief must be stated in his complaint. The complaint in this case does not state for what purpose the work was done. There are doubtless many things in the operation of a canal, aside from its construction, extension, enlargement, alteration, or repair, which require the employment of labor, but on account of which the person performing the labor acquires no right to a lien; and, for aught that appears from this...