Gambling v. Haight
New York Court of Common Pleas
Appeal from an order of the special term, allowing the defendant, Jones, to file a supplemental pleading. This action was brought by the plaintiffs, as sub-contractors, against the defendants Haight, as owners, and the defendant Jones, as contractor, to foreclose a mechanic’s lien, filed against the premises situated on the southeasterly corner of Fifth avenue and Fifteenth street, in the city of New York.
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Appeal from an order of the special term, allowing the defendant, Jones, to file a supplemental pleading. This action was brought by the plaintiffs, as sub-contractors, against the defendants Haight, as owners, and the defendant Jones, as contractor, to foreclose a mechanic’s lien, filed against the premises situated on the southeasterly corner of Fifth avenue and Fifteenth street, in the city of New York. After the plaintiffs had filed their lien, the defendant Jones also filed a lien against the same premises, to secure a balance of $30,000, which he claimed to be due him, on his contract…
1Opinion of the CourtLoew, J.
After issue has been joined in an action or proceeding for the foreclosure of a mechanic’s lien, the same is to be tried in like manner as any other civil action (Laws of 1863, chap. 500, § 5; Doughty v. Devlin, 1 E. D. Smith, 625 ; Hubbell v. Schreyer, 4 Daly, 367, 368). The provisions of the Code of Procedure are therefore as applicable to such a pro*154ceeding as they are to an ordinary action, except in so far as> they may be inconsistent with the lien act.
By section 111 of the code, the court is authorized to permit either party, on motion, to make and file a supplemental pleading alleging…
2Cases cited4 opinions
- Harrington v. SladeNew York Supreme Court · 1856
- Hasbrouck v. ShusterNew York Supreme Court · 1848
- Bostwick v. MenckNew York Court of Common Pleas · 1871
- Hoyt v. SheldonThe Superior Court of New York City · 1856
3Cited by1 opinion
- McLean v. St. Paul & Chicago Ry. Co.New York Court of Common Pleas · 1886