Trim v. Willoughby
New York Supreme Court
This is a proceeding under the statute to enforce or foreclose a lien, under the following acts of the legislature, to wit, mechanic's lien: Act passed April 17th, 1854, applying to certain counties in this state. Act of April 14th, 1858, making the above mentioned act apply to ail the counties of the state, except the counties of New York and Erie.
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This is a proceeding under the statute to enforce or foreclose a lien, under the following acts of the legislature, to wit, mechanic's lien: Act passed April 17th, 1854, applying to certain counties in this state. Act of April 14th, 1858, making the above mentioned act apply to ail the counties of the state, except the counties of New York and Erie. By the provisions of the above mentioned acts, the lien continued for one year, from the time of the filing •, and unless judgment was recovered (on proceedings to foreclose the lien) within one year from the time of filing, the lien could not be…
1Opinion of the Court
W. T. Odell, referee.
The only question that arises oh this motion, is, does the statute of March' 27, 1871, apply to a proceeding, then commenced, to enforce or foreclose a • lien then in existence f This lien would have continued (had no proceedings • been commenced upon it) for about ten months after the act of March 27, 1871, went into effect. The act does not expressly provide that it shall apply to liens already created, or proceedings then commenced. It is, *191therefore, a question of construction (Bay agt. Gae, 36 Barb., 449).
“ And it is the duty of courts so to construe the statute as to…
2Cases cited15 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Roach v. CosineNew York Supreme Court · 1832
- Morse v. . GooldNew York Court of Appeals · 1854
- Dresser v. BrooksNew York Supreme Court · 1848
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