New England Engineering Co. v. Oakwood St. Ry. Co.
U.S. Circuit Court for the District of Southern Ohio
. This bill was filed by the New England Engineering Company, a corporation nnder the laws of the state of Illinois, against the Oak-wood Street-Railway Company, a corporation operating a street railway under the laws of the state of Ohio, in the city of Dayton.
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. This bill was filed by the New England Engineering Company, a corporation nnder the laws of the state of Illinois, against the Oak-wood Street-Railway Company, a corporation operating a street railway under the laws of the state of Ohio, in the city of Dayton. The bill is filed for the purpose of foreclosing a mechanic’s lien for the balance due on a contract for the furnishing of steam engines as part of the plant of an electric street-railway company in the city of Dayton, Ohio. By the contract, dated December 21, 1894, the New England Engineering Company agreed to furnish to the…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). The demurrer was intended to present three points; First. That the statute upon which complainant relies does not apply to a street-railway company. Second. If it does apply, that the statute itself is unconstitutional and void. Third. That, even if the statute is valid and applies to street-railway companies, the recording of the lien was not perfected within the 30 days after the rendering of the *164work and the furnishing of the material, as required by the terms' of the statute. Of these in their order.
1.: The statute relied on is an act entitled “An. act…
2Cases cited10 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Packet Co. v. KeokukSupreme Court of the United States · 1877
- Allen v. LouisianaSupreme Court of the United States · 1881
- Huntington v. WorthenSupreme Court of the United States · 1887
- Davis v. AlvordSupreme Court of the United States · 1877
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3Cited by4 opinions
- Massachusetts Loan & Trust Co. v. HamiltonCourt of Appeals for the Ninth Circuit · 1898
- Columbia Ry., Gas & Electric Co. v. State of South CarolinaCourt of Appeals for the Fourth Circuit · 1928
- Rieflin v. GraftonWashington Supreme Court · 1911
- Salt Lake Hardware Co. v. Chainman Mining & Electric Co.U.S. Circuit Court for the District of Nevada · 1905