Legal Opinion

Lindsay v. Huth

Michigan Supreme Court

Decided April 24, 1889PublishedCited by 7 opinions

Appeal from Wayne. (Brevoort, J.) Proceedings under mechanics’ lien law of 1887. Defendants appeal. The facts are stated in the opinion.

1Opinion of the CourtCampbell, J.

Plaintiffs brought proceedings under the statute of 188^ to establish a lien on certain property for the value of lumber claimed to have been sold to *713Nnickrhem and put into a building on tne premises. The case presents a number of serious errors, but, as there is a fatal defect underlying the whole action, we meed refer to no more.

The notice of lien filed with the register has no verification of any kind. The statute positively requires the notice to be verified, amd it cannot be held directory.1 When a person can create a cloud on title by ex parte action, he must at least comply with every…

2Cited by7 opinions

  1. Christman v. SalwayOregon Supreme Court · 1922
  2. Lockhead v. Berkeley Springs Waterworks & Improvement Co.West Virginia Supreme Court · 1895
  3. Godfrey Lumber Co. v. KlineMichigan Supreme Court · 1911
  4. Hall v. ErkfitzMichigan Supreme Court · 1900
  5. Tygart Valley Brewing Co. v. Vilter Mfg. Co.Court of Appeals for the Fourth Circuit · 1910

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