Southard v. Moss
New York Court of Common Pleas
Appeal from special term. Action by Charles H. Southard against Frederick S. Myers, Maria Moss, and others to enforce a mechanic’s lien. Demurrer was filed by Maria Moss to the complaint, and judgment rendered against her on the demurrer, from which judgment she appeals. Reversed.
1Opinion of the CourtDaly, C. J.
This is an appeal by,the defendant Maria Moss from the final judgment upon her demurrer to the complaint, by which judgment her demurrer was overruled, with costs, and she was adjudged barred and foreclosed, with the other defendants, of all equity of redemption in certain leasehold premises against which the plaintiff filed a mechanic’s lien which this action is brought to foreclose. The judgment directed the sale of the right, title, and interest of Frederick S. Myers, the party at whose request the plaintiff furnished the materials which are the subject of his claim; Myers being at the…
2Cases cited2 opinions
- Corning v. . SmithNew York Court of Appeals · 1851
- Jones v. ManningNew York Supreme Court · 1889
3Cited by2 opinions
- Sunburst Oil & Refining Co. v. CallenderMontana Supreme Court · 1929
- Kinematics, Ltd. v. Sprayview Construction Corp.New York Supreme Court · 1960