Thayer v. Padelford
Supreme Court of New Hampshire
Assumpsit, for materials furnished and labor performed in erecting a house in Bethlehem, Grafton county, under a contract with the defendant, who was the owner. Pacts agreed. The writ contained a command to attach the house and the lot of land on which it stands, particularly describing the lot,, in order to secure the plaintiff’s lien for the debt set forth in the declaration. The plaintiff resides in this county, and the defendant in Rhode Island.
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Assumpsit, for materials furnished and labor performed in erecting a house in Bethlehem, Grafton county, under a contract with the defendant, who was the owner. Pacts agreed. The writ contained a command to attach the house and the lot of land on which it stands, particularly describing the lot,, in order to secure the plaintiff’s lien for the debt set forth in the declaration. The plaintiff resides in this county, and the defendant in Rhode Island. The question whether the action should have been brought in Grafton county was reserved.
1Opinion of the CourtPike, J.
This action — assumpsit — being transitory, was properly brought in this county, in which one of the parties was an inhabitant, unless the fact that real estate situated in Grafton county was attached therein to preserve a mechanic’s lien affects the question of jurisdiction. P. S., c. 216, s. 1. A person who performs labor or furnishes materials to the amount of fifteen dollars or more in erecting a building, by virtue of a contract with the owner, has a lien upon the building and land on which it stands for ninety days after the labor is performed or materials furnished, which takes…
2Cases cited3 opinions
- Hill v. CallahanSupreme Court of New Hampshire · 1878
- Thompson Manufacturing Co. v. SmithSupreme Court of New Hampshire · 1892
- Hodgdon v. DarlingSupreme Court of New Hampshire · 1881
3Cited by1 opinion
- Holden Engineering & Surveying, Inc. v. Law Offices of D'AmanteSupreme Court of New Hampshire · 1997