Maynard v. Ivey

• Decision Date: 02 June 1892
• Docket Number: 1,346.
• Citation: 29 P. 1090,21 Nev. 241
• Parties: MAYNARD v. IVEY et al.
• Court: Nevada Supreme Court

29 P. 1090

MAYNARD v. IVEY et al.

21 Nev. 241

No. 1, 346.

Supreme Court of Nevada

June 2, 1892

Appeal from district court, Washoe county; R. R. BIGELOW, judge.

Action by H. G. Maynard against W. H. Ivey and another to foreclose a laborer's lien. From a judgment for defendant Ivey on demurrer, plaintiff appeals. Reversed.

Robert M. Clark, for appellant.

William Webster, for respondent.

MURPHY J.

This action was commenced to foreclose a mechanic's and laborer's lien against the property of the Willow Creek Mining Company, a corporation doing business in Washoe county, Nev. W. H. Ivey was made a party defendant, as having or claiming to have an interest in the property by judgment and execution, alleged to be subsequent to plaintiff's lien Ivey demurred to the complaint, upon the ground that it did not state facts sufficient to constitute a cause of action against him. The demurer was sustained, and this appeal is taken from the order sustaining the demurrer and dismissing the action as to Ivey. We are left in doubt as to which portion of the complaint the demurrer was sustained and it will necessitate an examination of the entire pleadings to determine therefrom if it is a compliance with our lien law. The plaintiff filed with the county recorder of Washoe county, within the time required by law, a statement of his account, in which is set forth the number of days work performed, the price per day that had been agreed upon, the dates between which the work and labor were performed together with the amount received by him, and by whom paid. The statement of the plaintiff's account is a sufficient compliance with the statute. The mere fact that he has included in his statement charges for which the law allows no lien will not defeat that portion of his claim for which he is entitled to a lien, when the charges are separately stated. Allen v. Smelting Co., 73 Mo. 692; Dennis v. Smith, (Minn.) 38 N.W. 695; Johnson v Building Co., 23 Mo.App. 548; Hubbard v. Brown, 8 Allen, 590; Harmon v. Railroad Co., (Cal.) 22 P. 407; Albrecht v. Lumber Co., (Ind. Sup.) 26 N.E. 157; Gaskell v. Beard, (Sup.) 11 N.Y.S. 399.

The name of the owner of the property is set out in the notice of lien as follows: "Know all men by these presents, that H. G. Maynard, of the county of Washoe and state of Nevada, has performed labor in and upon the mining claim and mill site and grounds of the Willow Creek Mining Company, a corporation of the state of Nevada, situate in the said county of Washoe, as more particularly hereinafter described; that the following is a just and true statement of the demand due H. G. Maynard, after deducting all just credits and offsets; and that it is his intention to claim and hold a lien upon the said mining claim, mill site, and grounds of the said Willow Creek Mining Company, and upon the improvements, appliances, machinery, and appurtenances, mill and water rights, belonging to or claimed by said corporation, described as follows: Lot No. 37. containing 20.66 acres, in sections 12 and 13, in township 17 north, range 19 east, as shown by the record of the patent of the United States to said mining company at page 303, in Book A of Patents, records of said Washoe county, to which record reference is hereby made; and that certain tract of land commencing at the south west corner of section 7, in said township and range 20 east; thence running 254 feet east; thence north, along Virginia and Truckee Railroad fence, 1,122 feet; thence west 600 feet; thence south to place of beginning,--all of which land, improvements, superstructures, and appurtenances are charged with this lien. That said work was performed at the special instance and request of C. C. Stevenson, president of said corporation, and of D. H. Bisbe, when superintendent of said corporation, thereto duly authorized by the trustees thereof."

The right to liens given to mechanics and laborers is introduced into the statutory law of the states by positive statutes. These statutes were at first looked upon by the courts to be in derogation of the common law, and hence they were strictly construed. They have now, however, become an integral part of our law, and their justice and beneficence have become so apparent that it was not intended by the legislature that laborers' lien statements should be strangled by technicalities, but, being remedial in their nature, they were to receive a broad and liberal construction. Skyrme v. Mining Co., 8 Nev. 221; Hunter v. Truckee Lodge, 14 Nev. 28; Lonkey v. Wells, 16 Nev 274: Malter v. Mining Co., 18 Nev. 212, 2 P. 50. The purpose of section 3812, Gen. St. Nev., is to secure to owners and others, who are about to advance money or purchase the property, notice of the amount and nature of the lien to which the property is subject, and in whose favor the lien has accrued, and, if that notice is...