Piper v. Hoyt
Supreme Court of Vermont
This .was a suit in assumpsit to recover the amount due for work done on the house and barn of the defendant, and -perfect’ a mechanic’s lien for the same. Heard at the May Term, 1888,.. Ross, J., presiding, on referee’s report. The court rendered judgment.in favor of the plaintiffs for t.he amount reported, but refused to charge the same as a mechanic’s lien. To that part: of the judgment vacating the operation of the lien the plaintiffs-excepted.
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This .was a suit in assumpsit to recover the amount due for work done on the house and barn of the defendant, and -perfect’ a mechanic’s lien for the same. Heard at the May Term, 1888,.. Ross, J., presiding, on referee’s report. The court rendered judgment.in favor of the plaintiffs for t.he amount reported, but refused to charge the same as a mechanic’s lien. To that part: of the judgment vacating the operation of the lien the plaintiffs-excepted. The report found that the plaintiffs agreed to do certain work for the defendant on his house and barn, for a stipulated sum,, and that they…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
When a person has seasonably filed a mechanics’ ¿lien, under R. L. s. 1983, he must, in order to make it available to .him, in the nature of a mortgage, follow it up by taking the steps provided in the next section. The lienor must, within three months from the time of filing his written -memorandum asserting his claim, if the payment is due at the time of filing the •same, and within three months from the time such payment 'becomes due, if it is not due at the time of such filing, commence his action on his claim and cause the property to be…
2Cited by9 opinions
- Filter Equipment Co. v. International Business MacHines Corp.Supreme Court of Vermont · 1983
- Goodro v. TarkeySupreme Court of Vermont · 1941
- Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.)United States Bankruptcy Court, D. Vermont · 1990
- Baldwin v. Spear Bros.Supreme Court of Vermont · 1906
- Wong Wong v. Honolulu Skating Rink, Ltd.Hawaii Supreme Court · 1918
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