Hoagland v. Van Etten

• Decision Date: 27 January 1891
• Citation: 47 N.W. 920,31 Neb. 292
• Parties: GEORGE A. HOAGLAND, APPELLEE, v. EMMA L. VAN ETTEN ET AL., APPELLANTS
• Court: Nebraska Supreme Court

47 N.W. 920

31 Neb. 292

GEORGE A. HOAGLAND, APPELLEE,
v.
EMMA L. VAN ETTEN ET AL., APPELLANTS

Supreme Court of Nebraska

January 27, 1891

APPEAL from the district court for Douglas county. Heard below before WAKELEY, J.

AFFIRMED.

D. Van Etten, for appellant.

Switzler & McIntosh, contra.

OPINION

MAXWELL, J.

This is an action to foreclose a mechanic's lien. On the trial of the cause the court rendered a decree as follows:

"This cause came on to be heard heretofore during this [31 Neb. 293] term, and both parties appearing by counsel, and a jury being in open court waived, the case was tried to the court, and after the introduction of the evidence on behalf of the parties and argument of counsel, the same was taken under advisement, and upon consideration of all the pleadings and evidence in the case and arguments of counsel, the court finds on the issues joined in favor of the plaintiff that there is due the plaintiff in this case on his individual account set forth in his petition the sum of $ 1,061.79, and that on the 16th day of February, 1884, the plaintiff made an account in writing of the items set forth in said petition, and after having the same properly sworn to, filed the same in the county clerk's office of Douglas county, on the day last aforesaid, and within sixty days from the time of the furnishing of said material, and the same is duly recorded therein; that for the purposes of securing a lien, and within the intent and meaning of sec. 1 of the mechanic's lien act, all the said material was furnished to defendant Emma L. Van Etten by virtue of an express agreement, and that her husband, David Van Etten, was her authorized agent in the premises; that for the material furnished after November 8, 1883, the defendant Emma L. Van Etten is personally liable; that the statement sworn to and filed as above stated is a mechanic's lien upon the dwelling house on the following described premises, and on the land itself, and its appurtenances, and upon the interest of Emma L. Van Etten in and to the same, that is to say, all that piece or parcel of land commencing at a point on the south side of Harney street, eighty-one feet west of the west line of C. W. Keyes's land, running west forty feet, thence south one hundred and twenty feet, thence east forty feet, thence north one hundred and twenty feet to the place of beginning, and being located on the south side of Harney street, on lot nine, Capitol addition to the city of Omaha, and that the plaintiff is entitled to have said lien enforced; that of said material $ 495.27 thereof was delivered on or before [31 Neb. 294] November 8, 1883, and $ 308.49 thereof was delivered after said date, and for the last named amount a personal judgment is decreed and adjudged against the defendant Emma L. Van Etten, with interest from February 16, 1884; that material and labor in the following sums and amounts were furnished to the defendant Mrs. Emma L. Van Etten by the parties named, and were used by her in the construction of said building on said premises, to-wit:

James Morton & Son	$ 58 83
Sidney D. Crawford	163 12
William Klatt	24 00
Hans Tams	13 87
Jacob New

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