Kelly v. Laws
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien under the Gen. Sts. c. 150, for digging a cellar, by employment of the respondent, in land abutting on Clifford Street in Boston, over which was after-wards erected a block of four houses, upon which and the land the lien was claimed.
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Petition to enforce a mechanic’s lien under the Gen. Sts. c. 150, for digging a cellar, by employment of the respondent, in land abutting on Clifford Street in Boston, over which was after-wards erected a block of four houses, upon which and the land the lien was claimed. At the trial in the superior court, before Pettens, J., the petitioner did not contend “ that his contract extended to or included any labor upon or materials for the erection of the cellar walls of the houses, or any structure except as above, or building upon the land; ” and the respondent requested a ruling “ that the law…
1Opinion of the CourtWells, J.
The petitioner seeks to enforce a right derived solely from the statute. He cannot acquire or maintain his lien otherwise than by compliance with the provisions of the statute. That requires that in filing his statement for record he should give not only “ a description of the property intended to be covered by the lien, sufficiently accurate for identification,” but also the name of the owner, if known.
We are of opinion that the judge erred in ruling that it was more important that the premises should be accurately described, than that the name of the owner should be given accurately. It is…
2Cited by8 opinions
- Hensel v. JohnsonCourt of Appeals of Maryland · 1902
- Robinson-Slagle Lumber Co. v. RudySupreme Court of Louisiana · 1924
- Dutton v. SimmonsSupreme Judicial Court of Maine · 1876
- McPhee v. LitchfieldMassachusetts Supreme Judicial Court · 1888
- Patrick v. SmithMassachusetts Supreme Judicial Court · 1876
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