Wildey v. Gillett
Michigan Supreme Court
Appeal from Ottawa; Padgham, J. Bill by Torrant Wildey against Alva Gillett for the foreclosure of a mechanic’s lien. From a decree for complainant, defendant appeals.
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Appeal from Ottawa; Padgham, J. Bill by Torrant Wildey against Alva Gillett for the foreclosure of a mechanic’s lien. From a decree for complainant, defendant appeals. Complainant, a carpenter, built á bam for defendant, and, being unable to secure a settlement after completing his work under his contract, he filed a mechanic’s lien on September 7, 1910, with the register of deeds of Ottawa county, and made service of his statement and claim of lien upon the defendant the following day. On October 7, 1910, he filed his bill of complaint to foreclose the lien, annexing thereto a statement…
1Opinion of the CourtBrooke, J.
(after stating the facts). We may say that we quite agree with the learned circuit judge in his disposition of this case, unless, as contended by defendant, it must be held that the failure of complainant to serve the requisite notice under 3 Comp. Laws, § 10713, is fatal to the whole proceeding. The latter part of that section reads:
“Until the statement provided for in this section is made, in manner and form as herein provided, the contractor shall have no right of action or lien against the owner, part owner or lessee on account of such contract.”
It is conceded in this case that the claim…
2Cases cited10 opinions
- Barnard v. McLeodMichigan Supreme Court · 1897
- Kerr-Murray Manufacturing Co. v. Kalamazoo Heat, Light & Power Co.Michigan Supreme Court · 1900
- Sterner v. HaasMichigan Supreme Court · 1896
- Walker v. SymsMichigan Supreme Court · 1898
- Wiltsie v. HarveyMichigan Supreme Court · 1897
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3Cited by5 opinions
- Vorrath v. GarreltsMichigan Court of Appeals · 1971
- Netting Co. v. TouscanyMichigan Supreme Court · 1929
- Central Bldg. Co. v. Alma Development Co.Court of Appeals for the Sixth Circuit · 1920
- Vorrath v. GarreltsMichigan Court of Appeals · 1971
- Vorrath v. GarreltsMichigan Court of Appeals · 1971