Burbridge v. Hart
New York Court of Common Pleas
Motion by defendant Hart to vacate an order of arrest against him. The action is brought to foreclose a mechanic’s lien on property in this city and for personal judgment against Hart, the contractor, to whom plaintiffs sold material for building upon such property.
1Opinion of the CourtJ. F. Daly, J.
Mechanics’ liens obtained, or claimed, under the act chapter 379, Laws of 1875, are to be enforced, not by a special proceeding, but by a civil action (section 9), to be instituted and prosecuted in the same manner and form as in actions for the foreclosure of a mortgage upon real property (section 10). The provisions of the Code apply, therefore, to this action. It is an action upon contract, i. e., the contract of the claimant with the contractor .who is personally indebted to him for work or material in the same sense that the action for the foreclosure of a mortgage upon real property is…
2Cases cited2 opinions
- Bathgate v. . HaskinNew York Court of Appeals · 1875
- Hubbell v. SchreyerNew York Court of Common Pleas · 1873