5 Minn. 74 | Minn. | 1860
By the Oowt
This is a motion on the part of the Plaintiffs to correct an error alleged to have been made by them in the entry of the judgment in this case in this Court. The motion was made in the early part of this Term and an order made allowing the amendment in a particular way, but on our attention being called subsequently to the order, it was discovered that from an imperfect statement of the facts having been furnished to the Court, we had supposed the case to have been dependent upon the lien act of August 12, 1858, when in fact it turned upon the act of March 20th, 1858. Upon this discovery being made, the motion was reargued upon a correct understanding of the facts.
It is quite clear that the object of the action was to secure a lien upon the premises described in the complaint, as well as to determine and recover the amount of the demand, and we think the complaint contains facts sufficient for that purpose. The labor was performed and the materials furnished principally under the mechanics lien law of 1855, known as the Winona act, which act pending the performance of the labor and the furnishing materials was unconditionally repealed by
The question of the proper practice under these lien laws has been discussed and considered in this motion, and as it is of interest to the bar that it should be settled, we think that the course pursued by the Plaintiff in this case of alleging in his complaint the facts which authorize the demand sued to be decreed a lien upon the specific premises, and then so deelar-
It is ordered, that the judgment entered in this case be so corrected that the sum for which the same is rendered be decreed and adjudged a lien upon the lands described in the complaint as against the Defendant from the tenth day of June, 1857, instead of the 15th day of June, 1858, as now declared therein.