Devine v. Clark
Massachusetts Supreme Judicial Court
Petition filed on September 22 and amended on November 19, 1904, to establish a mechanic’s lien. In the Superior Court the case was heard by Fox, J., upon an auditor’s report. It appeared that the petitioner filed a mechanic’s lien certificate in the registry of deeds on July 18, 1904, claiming a lien for both labor and materials furnished under an entire contract for an entire price, and also for extra labor and materials furnished.
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Petition filed on September 22 and amended on November 19, 1904, to establish a mechanic’s lien. In the Superior Court the case was heard by Fox, J., upon an auditor’s report. It appeared that the petitioner filed a mechanic’s lien certificate in the registry of deeds on July 18, 1904, claiming a lien for both labor and materials furnished under an entire contract for an entire price, and also for extra labor and materials furnished. Thereafter on September 22, 1904, the petitioner filed this petition, claiming a lien for both labor and materials furnished under an entire contract for an…
1Opinion of the CourtHammond, J.
The petition as amended seeks to enforce a lien for labor performed and furnished in the erection of a building; and the question in substance is whether the statement filed in the registry of deeds was sufficient under the provisions of R. L. c. 197, § 6.
It is to be premised that a lien for labor and materials is not created by this statement. The lien arises out of the circumstances under which the work is done and the materials are furnished, and it continues for twenty-nine days at least after the lienor stops upon the job, without the filing of any statement whatever. The office of the…
2Cases cited2 opinions
- Pollock v. MorrisonMassachusetts Supreme Judicial Court · 1900
- Ellinwood v. City of WorcesterMassachusetts Supreme Judicial Court · 1891
3Cited by7 opinions
- Evans Products Co. v. Ribeiro (In Re Ribeiro)United States Bankruptcy Court, D. Massachusetts · 1980
- Continental Supply Co. v. WhiteMontana Supreme Court · 1932
- Di Fruscio v. New Amsterdam Casualty Co.Massachusetts Supreme Judicial Court · 1967
- Donnelly v. ButlerMassachusetts Supreme Judicial Court · 1913
- Valentine Lumber & Supply Co. v. ThibeaultMassachusetts Supreme Judicial Court · 1955
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