George W. Emory & Co. v. Commissioners of the Town of Laurel
Superior Court of Delaware
Motion for judgment notwithstanding affidavit of defense. See facts in argument of Mr. Hughes. The plaintiff filed a mechanics’ lien against Edwin F. Kitson, contractor, and the defendant, for bricks furnished the said contractor for building an engine-house for the water works for the said town of Laurel.
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Motion for judgment notwithstanding affidavit of defense. See facts in argument of Mr. Hughes. The plaintiff filed a mechanics’ lien against Edwin F. Kitson, contractor, and the defendant, for bricks furnished the said contractor for building an engine-house for the water works for the said town of Laurel. The defendant filed an affidavit of defense setting forth that the said town of Laurel is a municipal corporation and that the water works for the said town are for the public benefit and improvement and that a mechanics’ lien would not lie, under the statutes of the State of Delaware,…
1Opinion of the Court
Lore, C. J.:
We refuse judgment. This is not the ascertainment of the amount of the liability on the part of a municipal corporation for its own debt, but it is the special condemnation of the particular piece of property in execution, a proceeding in rem, as it were. It is sought here to extend the remedy to municipal property. This the courts will not do, unless it is expressly provided for in the statute.
Judgment refused.
2Cited by4 opinions
- Eastern Union Co. of Delaware, Inc. v. Moffat Tunnel Improvement DistrictSuperior Court of Delaware · 1934
- Mayor & Council v. Recony Sales & Engineering Corp.Supreme Court of Delaware · 1962
- City of Boulder v. StewardsonSupreme Court of Colorado · 1920
- Oliphant v. State Board of EducationSuperior Court of Delaware · 1924