Wick v. Fort Plain & Richfield Springs Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fort Plain and Richfield Springs Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 2d day of June,' 1896, upon the decision of the court, separately stating the facts found and the conclusions of law, rendered after a trial at the Oneida Special Term, foreclosing nine mechanics’ liens, and awarding damages in favor of lienors whose liens had ceased…
Read the full summary
Appeal by the defendant, the Fort Plain and Richfield Springs Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 2d day of June,' 1896, upon the decision of the court, separately stating the facts found and the conclusions of law, rendered after a trial at the Oneida Special Term, foreclosing nine mechanics’ liens, and awarding damages in favor of lienors whose liens had ceased to be such by lapse of time, and also from an order denying said defendant’s motion for a new trial. This action was…
1Opinion of the Court
Follett, J.:
By section 1 of chapter 392 of the Laws of 1875 (3 R. S. [9th ed.] 2408) persons performing labor for a railroad corporation were authorized to file liens upon the lands, tracks, rolling stock and appurtenances of the railroad for the value of their labor, binding the interest of the corporation in such property existing at the time of filing the liens. This statute remained in force until repealed by chapters 418 and 419 of the Laws of 1897.
By the 5th section of chapter 392, Laws of 1875, it was provided that a lien, so filed should expire unless a judgment was recovered thereon…
2Cases cited6 opinions
- Stryker v. . CassidyNew York Court of Appeals · 1879
- Benton v. . WickwireNew York Court of Appeals · 1873
- Spring Valley Water Works v. San FranciscoCalifornia Supreme Court · 1863
- Mark v. . the StateNew York Court of Appeals · 1885
- Williams v. PotterNew York Supreme Court · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. CasedayOregon Supreme Court · 1911
- Ex Parte McMahanCourt of Criminal Appeals of Oklahoma · 1951
- Mowbray v. LevyAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Judicial Settlement of the Account of HammerNew York Surrogate's Court · 1916
- Myles v. Ballston Terminal RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3 more not listed; retrieve them via the Exa API.