Wick v. Ft. Plain & R. S. Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Bichard B. Wick against the Ft. Plain & Richfield Springs Railway Company and others. From a judgment foreclosing nine mechanics’ liens, and for damages in favor of lienors whose liens had ceased to be such by lapse of time, rendered on a decision separately stating the facts found aiid the conclusions of law, defendant railway company appeals. Affirmed.
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Appeal from special term. Action by Bichard B. Wick against the Ft. Plain & Richfield Springs Railway Company and others. From a judgment foreclosing nine mechanics’ liens, and for damages in favor of lienors whose liens had ceased to be such by lapse of time, rendered on a decision separately stating the facts found aiid the conclusions of law, defendant railway company appeals. Affirmed. This action was begun June 6, 1895, to foreclose a mechanic’s lien filed April 2, 1895, for $1,435, alleged to be due for services rendered as an engineer. The defendants are (1) the railroad corporation,…
1Opinion of the CourtFollett, J.
By chapter 392 of the Laws of 1875 (3 Rev. St. [9th Ed.] p. 2408)", persons performing labor for a railroad corporation were authorized to file liens upon the lands, tracks, rolling stock, and appurtenances of the railroad for the value of their labor, binding the interest of the corporation in such property existing at the time of filing the liens. This statute remained in force until repealed by chapters 418 and 419 of the Laws of 1897. By the fifth section of chapter 392, Laws 1875, it was provided that a lien so filed should expire unless a judgment was recovered thereon within one year…
2Cases cited7 opinions
- Stryker v. . CassidyNew York Court of Appeals · 1879
- Benton v. . WickwireNew York Court of Appeals · 1873
- Spring Valley Water Works v. San FranciscoCalifornia Supreme Court · 1863
- Mark v. . the StateNew York Court of Appeals · 1885
- Williams v. PotterNew York Supreme Court · 1848
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3Cited by6 opinions
- State v. CasedayOregon Supreme Court · 1911
- Shull v. BartonNebraska Supreme Court · 1899
- Seymour v. Woodstock & Sycamore Traction Co.Illinois Supreme Court · 1917
- Myles v. Ballston Terminal RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- NELSON MACHINERY COMPANY v. Yavapai CountyArizona Supreme Court · 1971
1 more not listed; retrieve them via the Exa API.