Jackman v. City of Gloucester
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien for labor performed or furnished, under an entire contract, by the petitioner, on a house for one Crispen, who was acting under a contract with the respondent.
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Petition to enforce a mechanic’s lien for labor performed or furnished, under an entire contract, by the petitioner, on a house for one Crispen, who was acting under a contract with the respondent. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions, in substance as follows: Several issues of fact were submitted to the jury, the first of which was as follows: “Was the certificate of lien filed within thirty days after Jackman ceased to labor or furnish labor on the building?” To prove the affirmative, the petitioner introduced in evidence a certified copy of a…
1Opinion of the CourtField, J.
The Pub. Sts. e. 191, § 6, provide that the statement of the just and true account which the person claiming a lien must file in the registry of deeds “ shall be subscribed and sworn to by the person claiming the lien, or by some one in his behalf.” The statement filed by the petitioner was subscribed by him, and sworn to before a justice of the peace, and a certificate of the oath was attached to the statement by the justice, who subscribed his name, but did not add the title of his office. We think that this omission did not render the filing of the statement void, and that the fact that…
2Cases cited2 opinions
- People ex rel. Churchill v. Rensselaer C. P.New York Supreme Court · 1831
- McKinney v. WilsonMassachusetts Supreme Judicial Court · 1882
3Cited by10 opinions
- Fidelity Insurance, Trust & Safe-Deposit Co. v. Roanoke Iron Co.U.S. Circuit Court for the District of Western Virginia · 1896
- Cook Borden & Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1936
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
- JP Smith Co. Inc. v. Wexler Construction Co. Inc.Massachusetts Supreme Judicial Court · 1968
- Di Fruscio v. New Amsterdam Casualty Co.Massachusetts Supreme Judicial Court · 1967
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