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Helm v. Chapman

Supreme Court of California
Jan 5, 1885
66 Cal. 291 (Cal. 1885)

Summary

In Helm v. Chapman, 66 Cal. 291, [5 P. 352], approved in Williams v. Mountaineer etc. Co., 102 Cal. 142, [34 P. 702, 36 P. 388], and Hines v. Miller, 122 Cal. 517, [55 P. 401], it was held that the word "structure," as used in the mechanic's lien law, included an excavation on the property.

Summary of this case from Slayden v. O'Dea

Opinion

         Appeal from a judgment of the Superior Court of the county of Nevada.

         COUNSEL:

         A. C. Niles, for Appellant.

          Johnson & Mason, for Respondent.


         JUDGES: In Bank.

         OPINION

         THE COURT          Section 1185 of the Code of Civil Procedure treats of the "building, improvement, or structure" as separate and distinct from the land upon which it is erected or constructed. We think, without doing violence to the received meaning of language, a mine or pit sunk within a mining claim may be called a structure. Section 1183 does not, it is true, provide for a lien upon mines, but upon "mining claims." The lien, if it exists at all, extends to the whole claim. Strictly speaking, of course, a "mining claim" cannot be constructed, altered, or repaired. The intention of the law makers seems to have been to give a lien upon the whole claim, for labor performed on, and for materials furnished for and used in, any structure, or on or in the alteration or repair of any structure, or on or in the mining claim. We deem it our duty to give effect to the legislative purpose, by holding that one who performs labor in any pit, shaft or gallery of a mine is entitled to a lien on the whole mining claim.

         Judgment affirmed.


Summaries of

Helm v. Chapman

Supreme Court of California
Jan 5, 1885
66 Cal. 291 (Cal. 1885)

In Helm v. Chapman, 66 Cal. 291, [5 P. 352], approved in Williams v. Mountaineer etc. Co., 102 Cal. 142, [34 P. 702, 36 P. 388], and Hines v. Miller, 122 Cal. 517, [55 P. 401], it was held that the word "structure," as used in the mechanic's lien law, included an excavation on the property.

Summary of this case from Slayden v. O'Dea

In Helm v. Chapman, 66 Cal. 291, this court, in speaking of a lien on a mining claim, said: "The intention of the lawmakers seems to have been to give a lien upon the whole claim for labor performed on, and for material furnished for and used in any structure or on, or in, the alteration or repair of any structure, or on, or in, the mining claim."

Summary of this case from Castagnetto v. Coppertown Mining and Smelting Company

In Helm v. Chapman, 66 Cal. 291, 292 [5 P. 352], a pit dug in a mining claim was held to be "a structure" within the meaning of section 1185 of the Code of Civil Procedure, using the words "building improvement or structure."

Summary of this case from Bowline v. Gries
Case details for

Helm v. Chapman

Case Details

Full title:A. E. HELM, Respondent, v. ALLEN CHAPMAN, Appellant

Court:Supreme Court of California

Date published: Jan 5, 1885

Citations

66 Cal. 291 (Cal. 1885)
5 P. 352

Citing Cases

Williams v. Mountaineer Gold Mining Co.

A mine is a structure, and the lien must extend to the whole claim. (Helm v. Chapman , 66 Cal. 292;…

Western Well Works, Inc. v. California Farms Company

That a well is a structure in the sense of said provision of the code would seem to be clear from the…