Legal Opinion

McMonegal v. Wilson

Michigan Supreme Court

Decided December 22, 1894PublishedCited by 13 opinions

Appeal from St. Clair. (Beach, J., presiding.) Bill to enforce a mechanic’s lien. Defendants Wilson appeal. The facts are stated in the ■opinion.

1Opinion of the CourtMontgomery, J.

This is a proceeding to enforce a •mechanic’s lien. The contract was made August 22, 1891, —prior to the date when the law of 1891 took effect.2 The case is therefore governed by the earlier statutes. Notice of lien was filed on the 25th of January, 1892. The complainant was granted a decree of $299.93 by the •court below, and defendants appeal.

Numerous objections are made to the proceedings. It is insisted:

1. That the affidavit is insufficient.

2. That complainant had debarred himself by claiming •an excessive lien.

3. That the premises are a homestead, that the defendant Wilson was a married…

2Cases cited5 opinions

  1. Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
  2. Gibbs v. HanchetteMichigan Supreme Court · 1892
  3. Kirkwood v. HoxieMichigan Supreme Court · 1893
  4. Nichols v. CulverSupreme Court of Connecticut · 1883
  5. Lamont v. LeFevreMichigan Supreme Court · 1893

3Cited by13 opinions

  1. Jensen v. GriffinSouth Dakota Supreme Court · 1913
  2. Ypsilanti Lumber & Coal Co. v. LeslieMichigan Supreme Court · 1922
  3. Delray Lumber Co. v. KeohaneMichigan Supreme Court · 1902
  4. Perkins v. Golden GirlMichigan Supreme Court · 1915
  5. Vander Horst v. Kalamazoo Apartments Corp.Michigan Supreme Court · 1927

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