Durling v. Gould
Supreme Judicial Court of Maine
On exceptions. This was an action of assumpsit to enforce a lien for labor. The owner of the building appeared and objected to the sufficiency of the statement filed with the town clerk. The presiding justice hawing- ruled that it was sufficient, he filed exceptions to the ruling. The facts appear in the opinion of the court. No statement however full and complete would answer the requirements of the statute unless " subscribed ” by the claimant.
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On exceptions. This was an action of assumpsit to enforce a lien for labor. The owner of the building appeared and objected to the sufficiency of the statement filed with the town clerk. The presiding justice hawing- ruled that it was sufficient, he filed exceptions to the ruling. The facts appear in the opinion of the court. No statement however full and complete would answer the requirements of the statute unless " subscribed ” by the claimant. Therefore in considering the sufficiency or insufficiency of the statement filed in this case we are only to look at what the claimant has…
1Opinion of the CourtEmery, J.
The plaintiff, being in the employ of Aaron H. Gould, contractor, performed fifty-seven and nine-tenths days’ labor in erecting the Hotel " Manor Inn ” at Sullivan Harbor, with the consent of the owner, Clyde I). Y. Hunt. For this labor, the plaintiff admittedly acquired a lien on the Hotel by B. S., c. 91, § 30.
To preserve that lien, the same statute (section 32) required the claimant, within thirty days after he ceased to labor, to file in the office of the clerk of the town in which the building is situated, " a true statement of the amount due him, with all just credits given, together…
2Cited by7 opinions
- Chamberlain v. City of LewistonIdaho Supreme Court · 1912
- Pineland Lumber Co. v. RobinsonSupreme Judicial Court of Maine · 1978
- Waters v. JohnsonMichigan Supreme Court · 1903
- Baldwin v. Spear Bros.Supreme Court of Vermont · 1906
- HCI Corp. v. Voikos Construction Co.Supreme Judicial Court of Maine · 1990
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