Tyler v. Currier
Massachusetts Supreme Judicial Court
Petition, inserted in a writ and filed in the court of common pleas on the 20th of May 1856, to enforce a lien upon two vessels under St. 1855, c. 231, for timber sold and delivered by the petitioners to the respondents on the 14th of April 1856. The respondents contended that the petition was prematurely brought, because the sum for which the lien was claimed had not been due and unpaid for sixty days; and relied on the provision of St. 1855, c. 231, § 3, that “ such lien…
Read the full summary
Petition, inserted in a writ and filed in the court of common pleas on the 20th of May 1856, to enforce a lien upon two vessels under St. 1855, c. 231, for timber sold and delivered by the petitioners to the respondents on the 14th of April 1856. The respondents contended that the petition was prematurely brought, because the sum for which the lien was claimed had not been due and unpaid for sixty days; and relied on the provision of St. 1855, c. 231, § 3, that “ such lien may be enforced- by petition to the court of common pleas, in the manner provided by the fourth and subsequent sections…
1Opinion of the CourtMetcalf, J.
The court are of opinion that this petition was prematurely brought, and, for that reason, if for no other, cannot be granted. The SZ. of 1855, c. 231, on which this petition is founded, provides, by § 3, that the lien therein given on ships and vessels “ may be enforced by petition to the court of common pleas, in the manner provided by the fourth and subsequent sections of the one hundred and seventeenth chapter of the revised statutes.” The Rev. Sts. c. 117 provide for the lien of mechanics, on the land upon which buildings are erected, in the erecting or repairing of which they have, by…
2Cited by1 opinion
- The Richard BusteedDistrict Court, D. Massachusetts · 1858