Goulding v. Smith
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien. The petition alleged that William ÉL Mills was the owner of a tract of land, and “ while such owner, entered into a contract with your petitioner whereby your petitioner was to furnish lumber and other material as building material to be used in the erection of a dwelling-house which said William H. Mills was building on said land.”
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Petition to enforce a mechanic’s lien. The petition alleged that William ÉL Mills was the owner of a tract of land, and “ while such owner, entered into a contract with your petitioner whereby your petitioner was to furnish lumber and other material as building material to be used in the erection of a dwelling-house which said William H. Mills was building on said land.” The petition also alleged that the last materials were furnished June 3, 1871. It was entered at the term of the Superior Court held on the first Monday of September, 1871, and appeared by the record to have been filed on the…
1Opinion of the CourtDevens, J.
The objection made to the petition in the present case is, that it does not set forth fully the contract forming the basis of the claim for the lien. The objection was not taken by demurrer; had this been done, it would have been the duty of the respondent to have pointed out specifically the defects of which he complained. Gen. Sts. c. 129, § 12. He cannot wait until the trial, and then object generally that the petition does not contain any such statement of the contract as is required by iaw, and thus avoid showing wherein the alleged defects consist *489He cannot thus deprive the petitioner…
2Cases cited1 opinion
- McMonagle v. NolanMassachusetts Supreme Judicial Court · 1867
3Cited by2 opinions
- Orne v. BarstowMassachusetts Supreme Judicial Court · 1900
- Buck v. HallMassachusetts Supreme Judicial Court · 1898