Hodgdon v. Darling
Supreme Court of New Hampshire
Assumpsit. Facts agreed. The defendant owes the plaintiff the amount claimed for labor performed by the plaintiff in erecting a house for the defendant. The plaintiff’s lien on the house, under G. L., e. 139, ss. 11, 12, is secured by an attachment made in this suit within the prescribed ninety days. Similar liens of other workmen on the same house are secured by attachments made in other suits at different times within the ninety days.
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Assumpsit. Facts agreed. The defendant owes the plaintiff the amount claimed for labor performed by the plaintiff in erecting a house for the defendant. The plaintiff’s lien on the house, under G. L., e. 139, ss. 11, 12, is secured by an attachment made in this suit within the prescribed ninety days. Similar liens of other workmen on the same house are secured by attachments made in other suits at different times within the ninety days. The attached property not being sufficient to satisfy all the claims, the question was submitted whether the first attaching creditor should be paid in full,…
1Opinion of the CourtClark, J.
The defendant, having no interest in the case, declines to argue it. Whether his house is applied in full payment of some of the claims, or in part payment of all, is a matter of indifference to him. Between him and the plaintiff there is no contention. If there is a controversy between this plaintiff and the plaintiffs in the other suits as to the precedence or equality of lien, it cannot be determined in a proceeding in which only one of the contestants is a party. Advising them, in either of the suits at law, how to levy the executions to which they will be entitled when they recover…
2Cited by2 opinions
- Stevens v. DouglassSupreme Court of New Hampshire · 1894
- Thayer v. PadelfordSupreme Court of New Hampshire · 1897