Legal Opinion

Oliphant v. State Board of Education

Superior Court of Delaware

Decided April 29, 1924No. 24PublishedCited by 3 opinions

1Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

The work on the building in question having been commenced on November 1, 1923, the right to file a lien was fixed as of that date. While the actual date of the filing of the lien was postponed by the terms of the statute, yet the right to file the lien became vested when the work began. In 2 Jones on Liens, § 1558,. it is said:

“The right to the lien before the filing of the notice or claim of lien, even from the time the material is furnished or the labor performed, is a part of the obligation of the contract and is a right which the law and…

2Cases cited6 opinions

  1. Goodbub v. Estate of HornungIndiana Supreme Court · 1891
  2. McNeal Pipe & Foundry Co. v. HowlandSupreme Court of North Carolina · 1892
  3. City of Salem v. Lane & Bodley Co.Illinois Supreme Court · 1901
  4. Crane Creek Irr. Dist. v. Portland Wood Pipe Co.Court of Appeals for the Ninth Circuit · 1916
  5. George W. Emory & Co. v. Commissioners of the Town of LaurelSuperior Court of Delaware · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Mayor & Council v. Recony Sales & Engineering Corp.Supreme Court of Delaware · 1962
  2. Draper v. Edward T. Randolph & Co.Superior Court of Delaware · 1847
  3. Draper v. Randolph Co.Superior Court of Delaware · 1847

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