Morgan v. Taylor
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by William Morgan against Catharine Taylor, to enforce a mechanic’s lien. Defendant Taylor appeals from a judgment entered in favor of lienors John J. Kierst and Kelly & Smith.
1Opinion of the CourtBookstaver, J.
This action was brought by the plaintiff, a subcontractor, against the appellant, Catharine Taylor, the owner, and the lienors above mentioned, to foreclose a mechanic’s lien. The referee found that the lien filed by the plaintiff was so defective as to render it void. To this finding plaintiff excepted, but from the judgment entered thereupon has taken no appeal. He therefore has no standing in court for any purpose, much less to ask for an order of this court at general term to cure his defective lien. If this can be done at all, which is doubtful, it can only be granted in the first…
2Cases cited3 opinions
- Kingsley v. . City of BrooklynNew York Court of Appeals · 1879
- Fallon v. . LawlerNew York Court of Appeals · 1886
- Rodbourn v. Seneca Lake Grape & Wine Co.New York Court of Appeals · 1876
3Cited by4 opinions
- Gaskell v. BeardNew York Supreme Court · 1890
- Gregory v. LewisNew Jersey Court of Chancery · 1916
- Neuchatel Asphalte Co. v. Mayor of New YorkNew York Court of Common Pleas · 1895
- Wolfe v. HornNew York Court of Common Pleas · 1895