Fitzpatrick v. . Boylan
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment entered upon an order upon trial at Special Term, dismissing the complaint as to defendant Boylan. This was a proceeding to enforce a mechanic’s lien against premises known as No. 474 Third avenue, in the city of New York.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment entered upon an order upon trial at Special Term, dismissing the complaint as to defendant Boylan. This was a proceeding to enforce a mechanic’s lien against premises known as No. 474 Third avenue, in the city of New York. The original complaint, served under an order of the court made May 4th, 1863, alleged that the plaintiff had entered into an agreement with the defendant O’Brien, to supply a quantity of brick and other .building materials, and to perform work and…
1Opinion of the Court
Earl, C.
I think it appears, clearly, that the plaintiff was defeated at the trial term, upon the- sole ground that no-order of court continuing his lien had been made, and no new docket made in the office of the county clerk stating the-tact that such order was made. Hence, the only question for pur consideration is, whether he was properly defeated upon that ground.
The plaintiff filed notice of his lien on the 7th day of February, 1863, as required by section 6 of chapter 573 of the Laws of 1851, and commenced proceedings to enforce his lien on the sixth of May thereafter; and hence, by…
2Cases cited4 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- Palmer v. Conly & JohnsonNew York Supreme Court · 1847
- Berley v. RampacherThe Superior Court of New York City · 1856
- Fairbanks v. WoodNew York Supreme Court · 1837
3Cited by6 opinions
- Board of Education of Central School District No. 1 v. MilesNew York Court of Appeals · 1965
- Bullock v. Town of DurhamNew York Supreme Court · 1892
- Board of Education of Central School District No. 1 v. MilesAppellate Division of the Supreme Court of the State of New York · 1963
- Fawcett v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1922
- Reid v. Board of SupervisorsNew York Supreme Court · 1891
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