Morrison v. Philippi
Cases that cite this one
2 later published cases cite this decision.
- Wallace v. Brumback (Va. 1941)
- Chace v. Pidge (R.I. 1898)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The affidavit of lien claim in this case wholly fails to state that defendant was, either at the time the materials were furnished, or the contract for furnishing them made, the owner of, or of any estate or interest in, the building for the construction of which they were furnished, or of any right, title, or interest in the land upon which the same was erected. Its only allegation in either of these respects is that the “building is situated upon a certain lot owned by” defendant, which cannot mean more than that it is owned by him at the date of the affidavit. It follows that the affidavit is insufficient, under Clark v. Schatz, 24 Minn. 300; Rugg v. Hoover, 28 Minn. 404, (10 N. W. Rep. 473;) Keller v. Houlihan, 32 Minn. 486, (21 N. W. Rep. 729;) and Anderson v. Knudsen, 33 Minn. 172, (22 N. W. Rep. 302.)
Order affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.