Legal Opinion

Batchelder v. Hutchinson

Massachusetts Supreme Judicial Court

Decided May 29, 1894PublishedCited by 14 opinions

Two petitions, under Pub. Sts. c. 191, to enforce mechanic’s liens against the respondent Abbie A. Hutchinson, the first for labor and materials, and the second for labor furnished in the alteration and making over of her house.

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Two petitions, under Pub. Sts. c. 191, to enforce mechanic’s liens against the respondent Abbie A. Hutchinson, the first for labor and materials, and the second for labor furnished in the alteration and making over of her house. The Workingmen's Co-operative Bank of Boston appeared, and “ claiming an interest in the premises described in said petition as mortgagee," denied the allegations of the petition, and denied that the petitioners had a valid lien upon the premises as against the bank, and that they had complied with the provisions of the statutes relative to mechanic’s liens so as to…

1Opinion of the CourtKnowlton, J.

These are petitions to enforce liens of mechanics under Pub. Sts. c. 191, and the first question presented by the report is whether the petition of Batchelder is sufficient in form. At the beginning of the trial it was stipulated by the parties that questions of law raised upon the record might be considered by the court as if raised by a demurrer duly filed. The petition of Batch elder alleges that the work for which the lien is claimed was done under a contract with Eben Hutchinson, and that the owner of the land is Abbie A. Hutchinson. It contains no allegation that Eben Hutchinson was…

2Cases cited5 opinions

  1. Gale v. BlaikieMassachusetts Supreme Judicial Court · 1879
  2. Stevens v. Inhabitants of LincolnMassachusetts Supreme Judicial Court · 1874
  3. Wilson v. SleeperMassachusetts Supreme Judicial Court · 1881
  4. Amidon v. BenjaminMassachusetts Supreme Judicial Court · 1879
  5. Manchester v. SearleMassachusetts Supreme Judicial Court · 1877

3Cited by14 opinions

  1. Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
  2. Howard v. FisherSupreme Court of Colorado · 1929
  3. Angier v. Bay State Distilling Co.Massachusetts Supreme Judicial Court · 1901
  4. Barry v. DuffinMassachusetts Supreme Judicial Court · 1935
  5. Allis-Chalmers Co. v. Central Trust Co.Court of Appeals for the First Circuit · 1911

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