Getchell v. Moran
Massachusetts Supreme Judicial Court
Petition under the Gen. Sts. e. 150, to enforce a mechanic’s lien for labor performed and furnished upon a house in Lexington Street, in that part of Boston formerly Charlestown.
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Petition under the Gen. Sts. e. 150, to enforce a mechanic’s lien for labor performed and furnished upon a house in Lexington Street, in that part of Boston formerly Charlestown. At the trial in the Superior Court, before Allen., J., without a jury, the petitioner put in evidence the following copy of a statement, signed and sworn to by him, as recorded in the registry of deeds for Suffolk County, under the St. of 1874, c. 321, § 4, on August 29, 1874; “ I, Leonard A. Getchell, of Boston, in the county of Suffolk and Commonwealth of Massachusetts, on oath do certify that I have performed and…
1Opinion of the CourtSoule, J.
The court below found that, before the petitioner caused his statement of claim to be recorded, a line was drawn through the last three letters of the word John, which had been written as the Christian name of the supposed owner of the premises on which it is sought to maintain a lien. The effect of this was to erase those letters, and leave the alleged name of the owner to be J. P. Moran. The true name of the respondent being James P. Moran, the statement of his name as J. P. Moran cannot be regarded as a misstatement. It is an incomplete statement, but not an erroneous one. It did not tend…
2Cases cited2 opinions
- Kelly v. LawsMassachusetts Supreme Judicial Court · 1872
- Patrick v. SmithMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Gillespie v. RogersMassachusetts Supreme Judicial Court · 1888
- Clark v. Board of ExaminersMassachusetts Supreme Judicial Court · 1879
- Joplin Sash & Door Works v. ShadeMissouri Court of Appeals · 1909
- Lays v. HurleyMassachusetts Supreme Judicial Court · 1913
- Wera v. BowermanMassachusetts Supreme Judicial Court · 1906