McDONALD AMUSEMENT CO. v. FLEMING BROS. LUMBER CO.

No. 10.

35 F.2d 638 (1929)

McDONALD AMUSEMENT CO. v. FLEMING BROS. LUMBER CO. (DENVER MANTEL & TILE CO., Intervener).

Circuit Court of Appeals, Tenth Circuit.

October 16, 1929.


Attorney(s) appearing for the Case

Walter T. More, of Torrington, Wyo. (Erle H. Reid, of Torrington, Wyo., on the brief), for appellant.

C. R. Ellery, of Cheyenne, Wyo., and Edgar C. Craft, of Denver, Colo. (Dillon, Ellery & Spencer, of Cheyenne, Wyo., on the brief), for appellees.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

The trial court foreclosed three mechanics' liens against the property of appellant, and this appeal follows. We will treat them separately.

1. The only point urged as to the lien of the Fleming Bros. Lumber Company is that it was not filed within the time prescribed by the state statute. The Wyoming statute gives a subcontractor 90 days in which to file his lien (section 4866, Wyoming Comp. Stat. 1920), and the Supreme Court of that...

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