Stone v. Smith
New York Court of Common Pleas
Appeal from an order. The plaintiff filed notice of a lien as a materialman, on the 30th of May, 1867. The first contractor having a lien, instituted proceedings in this court to enforce it, in which proceedings the plaintiff, by order of the court, was made a party, and filed a written statement of his claim.
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Appeal from an order. The plaintiff filed notice of a lien as a materialman, on the 30th of May, 1867. The first contractor having a lien, instituted proceedings in this court to enforce it, in which proceedings the plaintiff, by order of the court, was made a party, and filed a written statement of his claim. On the 24th of May, 1869, nearly two years after the creation of the lien, the plaintiff obtained an order from Judge Brady that the lien be continued, which, though filed with the county clerk, was lost without being entered. On the 10th of June, 1869, the owner having settled with the…
1Opinion of the Court
By the Court.
Daly, F. J.
It was held by Judge Loew, at the special term, in Matthews v. Daley, (special term, January, 1870),* that by the terms of the 11th section of the act *215(Laws of New York for 1863, p. 860), that the lien ceases after one year from, the filing of the notice creating it, unless, before the expiration of the year, it is continued by prder of the court, *216and a new docket made stating that fact. The order of court here provided for must mean the court in which proceedings have been commenced to foreclose the lien, the object of requiring this being that all persons consulting…
2Cases cited3 opinions
- Blauvelt v. . WoodworthNew York Court of Appeals · 1865
- Freeman & Wait v. CramNew York Court of Appeals · 1850
- Welch v. Mayor of New YorkNew York Court of Common Pleas · 1865
3Cited by3 opinions
- Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
- Haden v. BuddensiekNew York Court of Common Pleas · 1875
- Abham v. BoydNew York Court of Common Pleas · 1874