Throgmorton v. Mosak

Mb, Justice Barry

delivered the opinion of the court.

In a mechanic’s lien proceeding brought by the original contractor, appellant filed an answer and cross-bill claiming a lien as a subcontractor. Upon a hearing the court dismissed the bill and cross-bill for want of equity.

By section 21 of the Liens Act, Cahill’s St. ch. 82, If 21, a subcontractor is given a lien but under section 28, Cahill’s St. ch. 82, f[ 28, it cannot be enforced until ten days after his notice has been served as provided in certain other sections, including section 24, Cahill’s St. ch. 82, if 24. Appellant contends that…