The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1883-12-18
DISTRICT COURT.
Quite a Lively time Over a Lien Case
Other Matters.

Other Matters.
Court convened yesterday at the usu.
al hour. Chief Justice ]. B. Sener pre-.
siding.
The journal record of Saturday was
read by the clerk and approved oy the
court.
The petit jury Irregular PANEL was III
attendance, also a number of talesmen
for whom special ven
ire had been issued. 1t
had been supposed by some that the
argument in the Cotton demurrer No.
2 would be reviewed and conducted,
but 1t had been set 10y the court while
in recess, or rather the time given the
defendants attorney to reply to the
prosecution had been extended until
the 20th inst, Friday. So that mat
ter did not have to be attended to.
As the jury were being called into
the box the parties Gin
the cas- Of H. A. Cal.
land vs.. Freeborn ct. al, waived a trial
by jury and 80 they were ~discsrged I'M
til the 21st, and with them the tales.
men that had put in an appearance, but
during the day another special venire
was ordered for twelve more for the
2lst.
Fred c. Fisher vs.. Ellen T. Fisher,
Messrs. Baird & Campbell withdrew
their names as solicitors of record fol-
the respondent. The court directed
the clerk to notify her by postal card Of
such withdrawal.
Calland VS.. Freeborn ct. al. this was
a case brought by the plaintiff Csllsnd
for the enforcement OF a lien against
a house and lot owned by the defend
ant Freeborn in Cheyenne. The house
had been built by a contractor of this
city who was also made a party to the
action.
Q. n. Potter appeared for Calland,
and Corlett s. Rosendale for the de
PENDANT Frseborn. and Baird for the
contractor, 1t being therefore a sort Of
Triangular fight, aud 1t was quite hotly
contested.
Some very curious questions were
raised, argued and ruled upon, one be
Ing to the effect that a party in order
to have alien upon a building, must
have an express contract with either
the owner. the contractor OF the sub.
contractor, and that a mere implied
contract is not sufficient. In the case
yesterday most Of the material furnish
ed by the plaintiff was furnished under
an implied contract merely, and hencs
the plaintiff could have no lien on &C.
count of the absence Of an express con.
tract. Then again 1t TRANSFERRED that
Freeborn himself had no interest in the
property that could be reached by 9
common law court, for the money that
was invested in the house belonged tc
his wife. The evidence, what was per
mitted to go In as such, showed thai
Freedom had paid the contractor 81.
200, the contract price, but only about
5000 had been paid by the contractor t.
Callend, which left 81, 900 yet due tC
him.
The case was very earnestly contest.
ed, but the plaintiff not being permit
ted to show anything In regard to the
implied contract there was but little
chance TO accomplish much in his be.
half.
The arguments In the ease were very
short. Mr.. Potter got quite thorough.
ly aroused, and made a very forcible
and logical argument, but under the
situation it could be of little avail.
A motion for a re-trial of the case ID
to be filed and very likely it will event.
ually find its way to the supreme court
Of the territory.
Court adjourned until 10 O'Clock this
morning.