Leonard v. . City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, the city of Brooklyn, entered upon an order sustaining a demurrer to plaintiff’s complaint. (Reported below, 7 Hun, 73.) The nature of the action and the facts are sufficiently set forth in the opinion. The common-law rule applicable to the sovereign power of the State does not apply to a mere municipal corporation. (14 Alb.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, the city of Brooklyn, entered upon an order sustaining a demurrer to plaintiff’s complaint. (Reported below, 7 Hun, 73.) The nature of the action and the facts are sufficiently set forth in the opinion. The common-law rule applicable to the sovereign power of the State does not apply to a mere municipal corporation. (14 Alb. L. J., 69, 100, 113, 118, 177.) A mechanic’s lien could not be enforced against the defendant’s property. (Poillon v. Mayor, etc.,…
1Opinion of the CourtMiller, J.
This action was brought to enforce a mechanic’s lien for labor and materials furnished by a sub-contractor in the erection of a “fire-bell tower,” in the city of Brooklyn. The alleged lien arises under the provisions of chapter 478 of the Laws of 1862, which relates to mechanics’ liens in the counties of Kings and Queens. This act, among other things, provides for instituting and prosecuting an action after filing service of notice of the lien, the same as other civil actions to enforce the lien, and declares, “that such action shall be governed, and the judgment thereon enforced in the same…
2Cases cited1 opinion
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
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- Brooks v. One Motor Bus Carrying 1937-38 S. C. License V-1357, Motor No. 45590, Serial No. 40476Supreme Court of South Carolina · 1939
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