FRANK J. TRUNK & SON, INC. v. DeHAAN

No. 10663.

391 P.2d 353 (1964)

FRANK J. TRUNK & SON, INC., Plaintiff and Appellant, v. Henry DeHAAN, Jr., and Mae DeHaan, Husband and Wife, Frank DeHaan and Vera Mae DeHaan, Husband and Wife, and Joe Stransky, Defendants and Respondents.

Supreme Court of Montana.

Decided April 6, 1964.

Rehearing denied April 28, 1964.


Attorney(s) appearing for the Case

James H. Morrow, Jr., Donald Nash, (argued), Bozeman, for appellants.

Landoe & Gary, Gene Brown, (argued), Bozeman, for respondents.


JOHN C. HARRISON, Justice.

This is an appeal by Frank J. Trunk & Son., Inc., hereinafter referred to as plaintiff from a judgment of the District Court of Gallatin County, Montana, wherein the plaintiff filed an action to foreclose a mechanic's lien. The lower court found for the defendants DeHaan for the reason that the lien was not filed within the statutory period of ninety days.

The facts giving rise to this appeal are as follows: In April of 1960...

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