Legal Opinion

Halsted & Harmount Co. v. Arick

Supreme Court of Connecticut

Decided January 6, 1904PublishedCited by 7 opinions

Action to foreclose a meclianic’s lien, brought to tbe Superior Court in New Haven County where a demurrer to the plaintiff’s replication was overruled (Case, J.~) and the cause was afterwards tried to the court, Gager, J.; facts found and judgment rendered for the plaintiff, from which some of the defendants appealed. Two other cases between the same parties and alike in all material respects were consolidated and tried with this case.

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Action to foreclose a meclianic’s lien, brought to tbe Superior Court in New Haven County where a demurrer to the plaintiff’s replication was overruled (Case, J.~) and the cause was afterwards tried to the court, Gager, J.; facts found and judgment rendered for the plaintiff, from which some of the defendants appealed. Two other cases between the same parties and alike in all material respects were consolidated and tried with this case. In March, 1897, the defendant Maier Arick owned a piece of land in New Haven, 150 feet square, situated on the westerly side of Ashmun Street and the…

1Opinion of the CourtHamersley, J.

This action is brought to foreclose a mechanic’s lien filed in pursuance of § 4135 of the General Statutes.

The defendants claim that the lien is invalid for three reasons : First. It appears that at the time the building covered by this lien was erected, the owner of the land erected a second building of the same size and construction, distant from four to six feet southerly, and a third building of substantially the same size and construction, distant from four to six feet northerly; that at the time the plaintiff agreed with the owner to furnish lumber for the construction of the building…

2Cases cited2 opinions

  1. Wilcox v. WoodruffSupreme Court of Connecticut · 1891
  2. Brabazon v. AllenSupreme Court of Connecticut · 1874

3Cited by7 opinions

  1. First Constitution Bank v. Harbor Village Ltd. PartnershipSupreme Court of Connecticut · 1994
  2. Tramonte v. WilensSupreme Court of Connecticut · 1915
  3. Waterbury Lumber & Coal Co. v. AsterchinskySupreme Court of Connecticut · 1913
  4. Cronan v. CorbettSupreme Court of Connecticut · 1906
  5. Portland Building & Loan Ass'n v. PeckSupreme Court of Connecticut · 1930

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