Legal Opinion
Leiegne v. Schwarzler
New York Court of Common Pleas
Decided April 25, 1884PublishedCited by 5 opinions
Trial of action to foreclose a mechanic’s lien. The facts are stated in thé opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The question in this case is whether an error in the name of the owner in the notice of claim can be corrected in the complaint, by setting forth the mistake and averring the true owner. Formerly this could not be done; but now, I think, it can be.
We held in Beals v. Congregation B'nai Jeshurun (1 E. D. Smith, 654) that all the particulars which the claimant was required to specify in the notice creating the lien were material ; that these particulars, in the language of my former colleague, the late Judge Woodruff, “were wisely provided for, to enable the…
2Cases cited4 opinions
- Hoffman v. HynesSupreme Court of Missouri · 1865
- Hicks v. MurrayCalifornia Supreme Court · 1872
- Bailey v. JohnsonNew York Court of Common Pleas · 1859
- McElwee v. SandfordNew York Court of Common Pleas · 1877
3Cited by5 opinions
- De Klyn v. . GouldNew York Court of Appeals · 1901
- Brainard v. . County of KingsNew York Court of Appeals · 1898
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Beecher v. SchubackNew York Court of Common Pleas · 1893
- Ryan v. KlockNew York Supreme Court · 1885