Wera v. Bowerman
Massachusetts Supreme Judicial Court
Petition, filed January 25, 1899, under Pub. Sts. c. 191, § 1, now R. L. c. 197, § 1, to enforce a mechanic’s lien for labor alleged to have been performed and furnished in the construction of a hotel in Pittsfield called The Wendell, with the consent and under the authority of Samuel W. Bowerman then the owner thereof. At the trial in the Superior Court before Maynard, J. the petitioner moved that issues of fact might be framed for a jury.
Read the full summary
Petition, filed January 25, 1899, under Pub. Sts. c. 191, § 1, now R. L. c. 197, § 1, to enforce a mechanic’s lien for labor alleged to have been performed and furnished in the construction of a hotel in Pittsfield called The Wendell, with the consent and under the authority of Samuel W. Bowerman then the owner thereof. At the trial in the Superior Court before Maynard, J. the petitioner moved that issues of fact might be framed for a jury. This motion was heard upon the following agreed statements of facts: The parties agreed “ that the petitioner is a sub-contractor of a sub-contractor;…
1Opinion of the CourtBraley, J.
By Pub. Sts. c. 191, § 1, under which the certificate of lien was filed, and the proceedings for its enforcement begun, it was provided that any person to whom a debt is due “ for labor performed or furnished . . . in the erection ... of a building . . . upon real estate, by virtue of an agreement with or by consent of the owner of such building ... or of any person having authority from or rightfully acting for such owner”, shall have a lien upon the building and the interest of the owner in the land for labor performed and furnished. To create a valid lien for labor, therefore, it is not…
2Cases cited4 opinions
- Vickery v. RichardsonMassachusetts Supreme Judicial Court · 1905
- Scannell v. Hub Brewing Co.Massachusetts Supreme Judicial Court · 1901
- Monaghan v. GoddardMassachusetts Supreme Judicial Court · 1899
- Getchell v. MoranMassachusetts Supreme Judicial Court · 1878