Legal Opinion

Treusch v. Shryock

Court of Appeals of Maryland

Decided March 25, 1879PublishedCited by 21 opinions

Appeal from tbe Superior Court of Baltimore City. Tins was a proceeding in the Court below by the appellees to enforce a mechanic’s lien claim filed by them against" certain houses in said city, belonging to Treusch, the appellant, and built for him by O’Connor, the co-appellant. Exceptions. — There were four exceptions taken by the defendant, Treusch, which are sufficiently set forth in the opinion of the Court.

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Appeal from tbe Superior Court of Baltimore City. Tins was a proceeding in the Court below by the appellees to enforce a mechanic’s lien claim filed by them against" certain houses in said city, belonging to Treusch, the appellant, and built for him by O’Connor, the co-appellant. Exceptions. — There were four exceptions taken by the defendant, Treusch, which are sufficiently set forth in the opinion of the Court. The notice of intention to claim a lien mentioned in the opinion of the Court is as follows: Charles Treusch : — Take notice, that we intend to lay a lien against all those five…

1Opinion of the CourtRobinson, J.

This is a proceeding to enforce a mechanic’s lien upon certain houses belonging to Treusch, the appellant, for materials furnished O’Connor, the contractor.

The right to enforce a lien in cases of this kind is not founded upon privity of contract with the owner, but rests solely upon statutory law. The lien attaches upon delivery of the materials, and upon compliance on the part of the material man with the provisions of the law, and this too, irrespective of a contract either expressed or im*170plied on the part of the owner. The evidence offered therefore by the appellees to prove the nature of…

2Cases cited1 opinion

  1. Greenway v. TurnerCourt of Appeals of Maryland · 1853

3Cited by21 opinions

  1. Barry Properties v. Fick Bros. Roofing Co.Court of Appeals of Maryland · 1976
  2. Great Southern Fire Proof Hotel Co. v. JonesSupreme Court of the United States · 1904
  3. Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
  4. Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
  5. Hightower v. BaileyCourt of Appeals of Kentucky · 1900

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