Corbett v. Greenlaw
Massachusetts Supreme Judicial Court
Petition to enforce a lien under the Gen. Sts. c. 150, for labor performed in the construction of a block of six buildings on five lots of land on Shawmut Avenue, in the city of Boston.
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Petition to enforce a lien under the Gen. Sts. c. 150, for labor performed in the construction of a block of six buildings on five lots of land on Shawmut Avenue, in the city of Boston. The petitioner’s statement of account was filed in the clerk’s office of said city on April 25, 1872, and contained the following items: B. F. Greenlaw to Thomas Corbett, Dr. April 12. For laying 423,150 bricks at $6.50 per M $2750.48 “ 10,000 bats at $7.50 per M . 75.00 For one half surveyor’s fee . . 10.00 $2835.48 Credit by cash .... 1070.00 $1,765.48 The case was referred by the Superior Court to an…
1Opinion of the CourtEndicott, J.
The respondents contended, before the auditor, that the petitioner had no lien, because his certificate was not filed in season, and also because he knowingly and wilfully claimed more than was due. He then made no objection to the consideration of these questions by the auditor. It may well be doubted whether he can object for the first time, when the report is read at the trial, that the auditor had no authority to pass upon them, see Fair v. Manhattan Ins. Co. 112 Mass. . But as an important question of practice is involved, we do not rest the decision on that ground.
It is well settled…
2Cases cited1 opinion
- Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
3Cited by11 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- Fisher v. DoeMassachusetts Supreme Judicial Court · 1910
- Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
- Manchester v. PopkinMassachusetts Supreme Judicial Court · 1921
- Gale v. BlaikieMassachusetts Supreme Judicial Court · 1879
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