Morse, Williams, & Co. v. Ellis
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien, under Pub. Sts. c. 191, for labor performed and materials furnished in the construction and installation of two freight elevators in a building in Athol, alleging that the petitioner ceased to perform and furnish such labor and materials on June 2, 1897. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of exceptions, in substance as follows.
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Petition to enforce a mechanic’s lien, under Pub. Sts. c. 191, for labor performed and materials furnished in the construction and installation of two freight elevators in a building in Athol, alleging that the petitioner ceased to perform and furnish such labor and materials on June 2, 1897. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The petitioner, a corporation engaged in the business of making and installing elevators, on February 16, 1897, contracted with Edwin Ellis and Son, a firm consisting of Edwin W.…
1Opinion of the CourtBarker, J.
The only difficulty in dealing with this bill of exceptions is to know what it means. The case was tried without a jury and the petition dismissed. A number of facts which appeared from the evidence are stated, and such further testimony as is material was added at length. Two rulings requested by the petitioner are stated, and the bill then concludes as follows : “ The court refused to make either of the rulings indicated, but ruled that on all the evidence the petitioner was not entitled to have the lien established, and ordered the petition to be dismissed. The petitioner respectfully…
2Cases cited2 opinions
- Johnson v. KimballMassachusetts Supreme Judicial Court · 1898
- Fletcher v. StedmanMassachusetts Supreme Judicial Court · 1893
3Cited by6 opinions
- Pearson v. O'ConnellMassachusetts Supreme Judicial Court · 1935
- Sylvester v. SheaMassachusetts Supreme Judicial Court · 1932
- Carey v. MercerMassachusetts Supreme Judicial Court · 1921
- Green v. LevensonMassachusetts Supreme Judicial Court · 1922
- Keefe v. McCarthyMassachusetts Supreme Judicial Court · 1936
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