Benton v. . Wickwire
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon the decision of the court at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon the decision of the court at Special Term. This was a proceeding under the mechanic’s lien law of 1854. (Chap. 402, Laws of 1854, p. 1086). The materials and labor were furnished by the plaintiffs to one Miner Grant, who, as contractor, built a house on the land of defendant, situate in Cortland county.' The notice of lien was duly filed with the clerk of said county on the 13th day of December, 1869. These proceedings were commenced March…
1Opinion of the Court
Reynolds, C.
The section of the statute under which the proceedings were had (Laws of 1854, chap. 402, § 20), provided in substance, that the lien created under the provisions of the act should continue until the expiration of one year unless sooner discharged by the court, or by some legal act of the claimant in the proceedings, and if judgment should be rendered in such proceeding and docketed with the county clerk within said year,- it should be a lien upon the real property of the person against whom it is obtained to the extent, that other judgments are now made a lien thereon.
The notice…
2Cases cited2 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- People v. CarnalNew York Court of Appeals · 1852
3Cited by46 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Walker v. . WalkerNew York Court of Appeals · 1898
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- Germania Savings Bank v. Village of Suspension BridgeNew York Court of Appeals · 1899
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