Legal Opinion

Lays v. Hurley

Massachusetts Supreme Judicial Court

Decided October 22, 1913PublishedCited by 4 opinions

Petition to enforce a mechanic’s lien, filed on May 26, 1911, by William Lays and Samuel T. Lays, copartners doing business under the firm name of Lays Brothers. In the Superior Court, after findings favorable to tne petitioners had been made by a jury upon issues submitted to them, the case was heard by Crosby, J. The material facts are stated in the opinion. A decree was entered for the petitioners. The respondents alleged exceptions.

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Petition to enforce a mechanic’s lien, filed on May 26, 1911, by William Lays and Samuel T. Lays, copartners doing business under the firm name of Lays Brothers. In the Superior Court, after findings favorable to tne petitioners had been made by a jury upon issues submitted to them, the case was heard by Crosby, J. The material facts are stated in the opinion. A decree was entered for the petitioners. The respondents alleged exceptions. The case was argued at the bar in March, 1913, before Rugg, C. J., Morton, Loring, Sheldon, & De Courcy, JJ., and afterwards was submitted on briefs to all…

1Opinion of the CourtDe Courcy, J.

The petitioners, under a written contract with the respondent Hurley, dated April 12, 1910, constructed a building on his premises, and now seek to enforce a mechanic’s lien on the property for the balance due to them. It is admitted that there was evidence at the trial to establish all the allegations in the petition to enforce the lien and all the jury’s findings on the issues of fact submitted to them, provided the statement of lien filed in the registry of deeds was sufficient. The respondents contend, however, that the statement did not comply with *583the requirements of the lien statute…

2Cases cited8 opinions

  1. Clifton v. FosterMassachusetts Supreme Judicial Court · 1869
  2. Faulkner v. HymanMassachusetts Supreme Judicial Court · 1886
  3. Wiley v. ConnellyMassachusetts Supreme Judicial Court · 1901
  4. Batchelder v. HutchinsonMassachusetts Supreme Judicial Court · 1894
  5. Trask v. SearleMassachusetts Supreme Judicial Court · 1876

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Evans Products Co. v. Ribeiro (In Re Ribeiro)United States Bankruptcy Court, D. Massachusetts · 1980
  2. Continental Supply Co. v. WhiteMontana Supreme Court · 1932
  3. Cline v. Indianapolis Mortar & Fuel Co.Indiana Court of Appeals · 1917
  4. Driscoll v. FloydMassachusetts Supreme Judicial Court · 1914

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