Lessard v. Inhabitants of Revere
Massachusetts Supreme Judicial Court
Petition, to enforce a mechanic’s lien under Pub. Sts. c. 191, for labor furnished in the erection of a schoolhouse. At the trial in the Superior Court, without a jury, before Mason, C. J., it appeared that the estate upon which the lien was claimed was at the time the labor was furnished held by the town of Revere for public school purposes.
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Petition, to enforce a mechanic’s lien under Pub. Sts. c. 191, for labor furnished in the erection of a schoolhouse. At the trial in the Superior Court, without a jury, before Mason, C. J., it appeared that the estate upon which the lien was claimed was at the time the labor was furnished held by the town of Revere for public school purposes. The judge, at the request of the respondent, ruled that no lien could be maintained upon property so held, and found for the respondent; and reported the case for the determination of this court. If the ruling was wrong, the lien was to be established…
1Opinion of the CourtHolmes, J.
The only question raised by the report is whether the general words of Pub. Sts. c. 191, § 1, give a lien for labor upon a schoolhouse held by a town for public school purposes. Such a lien seems to have been enforced in Morse v. Newbury School District, 3 Allen, 307, but it does not appear whether the exceptions were broad enough to present this question, and the question is not adverted to in the decision. In Kansas under like circumstances a lien was held to be created, although it was assumed that, by reason of another statute, no process could be issued to enforce it while the building…
2Cases cited19 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- Inhabitants of Worcester County v. Mayor of WorcesterMassachusetts Supreme Judicial Court · 1874
- Knapp v. SwaneyMichigan Supreme Court · 1885
- Mayrhofer v. Board of Education of San DiegoCalifornia Supreme Court · 1891
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3Cited by16 opinions
- Donohue v. City of NewburyportMassachusetts Supreme Judicial Court · 1912
- Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
- Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
- Phillips v. Rector & Visitors of the University of VirginiaSupreme Court of Virginia · 1899
- Massachusetts Gas & Electric Light Supply Co. v. Rugo Construction Co.Massachusetts Supreme Judicial Court · 1947
11 more not listed; retrieve them via the Exa API.