Hammond v. Shepard
New York Supreme Court
Appeal from special term, Saratoga county. Action by William J. Hammond and Charles W. Mosher against William. A. Shepard and others, to foreclose a mechanic’s lien. The case is stated in the dissenting opinion of Landon, J. Judgment of foreclosure was rendered, and defendants Shepard, Trask, Manning, and the executors of Drexel, appeal.
1Opinion of the CourtLearned, P. J.
Section 6, c. 342, Laws 1885, provides that the lien shall not bind longer than a year after filing notice, unless within that time an action is commenced to enforce the same. Section 8 says that the manner and form of instituting and prosecuting any such action shall be the same as in actions for foreclosure of mortgages upon real property. This section, as I *350think, makes the practice as to these actions similar to that of actions of foreclosure. There is nothing said in the act as to the manner of commencing these actions when they are in courts of record. Provision is made as to such…
2Cited by6 opinions
- In re Selwyn Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1918
- Tompkins County Trust Co. v. HerrickNew York Supreme Court · 1939
- Quinn v. Royal Ins.New York Supreme Court · 1894
- Hill v. Board of SupervisorsNew York Supreme Court · 1889
- Schmaltz v. MeadNew York Court of Common Pleas · 1889
1 more not listed; retrieve them via the Exa API.