Kerns v. Flynn
Michigan Supreme Court
Appeal from Saginaw. (Gage, J.) MbohaNig’s lien. Petitioners appeal. The action on a mechanic’s lien is purely statutory, and in enforcing the lien the statute must be strictly followed: "Willard v. Magoon 30 Mich. 276; Wagar v. Briscoe 38 Mich. 592; Glarh v. Raymond 26 Mich. 415 ; the action is not personal, for a personal judgment against any one, but is an action quasi in rein : Act 258 of 1879 § 13 ; Houck on Liens, sec. 47; the demurrer in this case goes to the whole…
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Appeal from Saginaw. (Gage, J.) MbohaNig’s lien. Petitioners appeal. The action on a mechanic’s lien is purely statutory, and in enforcing the lien the statute must be strictly followed: "Willard v. Magoon 30 Mich. 276; Wagar v. Briscoe 38 Mich. 592; Glarh v. Raymond 26 Mich. 415 ; the action is not personal, for a personal judgment against any one, but is an action quasi in rein : Act 258 of 1879 § 13 ; Houck on Liens, sec. 47; the demurrer in this case goes to the whole action, and is overruled by the general answer (1 Barb. Oh. 107; Ingraham v. Baldwin 12 Barb. 9; Glarh v. Phelps 6 Johns.…
1Opinion of the CourtGraves, C. J.
This petition was filed to enforce a mechanic’s lien, and the circuit court in chancery dismissed it for want of necessary parties, and the petitioners, refusing to amend, appealed to this Court.
They allege in their petition an agreement made on the 2d of October, 1882, with the defendant by Charles "Witham and Prank Demire, by which the latter agreed to build him a dwelling-house and furnish the materials for $520, and they, the petitioners, count upon a claim arising out of a sub-contract with Witham and Demire.
The objection in the court below was that the original contractors, Witham and…
2Cited by18 opinions
- Alberti v. MooreSupreme Court of Oklahoma · 1908
- Brace & Hergert Mill Co. v. BurbankWashington Supreme Court · 1915
- Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
- Casserly v. Wayne Circuit JudgeMichigan Supreme Court · 1900
- Simonson Bros. Manufacturing Co. v. Citizens State Bank of GoldfieldSupreme Court of Iowa · 1898
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