Wood v. Simons
Massachusetts Supreme Judicial Court
Petition to enforce a lien for work done on a building of the respondent in Greenfield. The case was submitted to the judgment of the Superior Court, and, on appeal, of this court, on an agreed statement of facts, of which the following is all that is material.
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Petition to enforce a lien for work done on a building of the respondent in Greenfield. The case was submitted to the judgment of the Superior Court, and, on appeal, of this court, on an agreed statement of facts, of which the following is all that is material. The petitioner ceased to work upon the building on April 22, 1871. On May 22, 1871, at a quarter past nine o’clock in the evening, he delivered a statement of his account in due form, as required by the Gen. Sts. e. 150, § 5, to N. S. Wells, town clerk of G reenfield. If competent to be proved, it was admitted that this was at the…
1Opinion of the CourtWells, J.
This case is governed by Fuller v. Cunningham, 105 Mass. 442, unless it is to be distinguished by the fact that there is no express provision of law requiring the clerk to note, upon the creditor’s statement of claim, the time of filing, as there is in regard to mortgages of personal property and assignments of wages. Gen. Sts. c. 151, § 3. But the provisions of the Gen. Sts. c. 150, § 5, requiring the creditor to file his claim in the office of the town clerk, or giving him the right to do so, impose upon the clerk an official authority and duty to make that filing effectual. His indorsement…
2Cases cited1 opinion
- Fuller v. CunninghamMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Garfield v. Board of Appeals of RockportMassachusetts Supreme Judicial Court · 1969
- Halleck v. Inhabitants of BoylstonMassachusetts Supreme Judicial Court · 1875
- Gillespie v. RogersMassachusetts Supreme Judicial Court · 1888
- Powers Regulator Co. v. TaylorMassachusetts Supreme Judicial Court · 1916
- Orne v. BarstowMassachusetts Supreme Judicial Court · 1900