Legal Opinion

Abham v. Boyd

New York Court of Common Pleas

Decided May 15, 1874PublishedCited by 2 opinions

Appeal from an order of this court made at special term ordering a reference in a proceeding to enforce a mechanic’s lien, and also from an order denying a reargument of the motion to refer. The facts are stated in the opinion.

1Opinion of the Court

Daly, Chief Justice.

Abham & Scueletas, having filed a notice of lien against a building of which the defendant Boyd is the owner, instituted proceedings to foreclose their lien, by serving the formal notice upon the owner Boyd and upon the defendant Stone, who had a lien upon the building, which was prior to theirs.

On the day named in the notice of foreclosure, both Boyd and Stone appeared, and the usual order was made by the judge that Abham & Scueletas file their complaint as in an ordinary action, and that the owner Boyd and the defendant Stone serve their answers. Boyd served an answer…

2Cases cited4 opinions

  1. Schaettler v. . GardinerNew York Court of Appeals · 1872
  2. Maltby v. GreeneNew York Court of Appeals · 1864
  3. Hubbell v. SchreyerNew York Court of Common Pleas · 1873
  4. Stone v. SmithNew York Court of Common Pleas · 1870

3Cited by2 opinions

  1. Morgan v. StevensNew York Court of Common Pleas · 1878
  2. Wilson v. Niagara City Land Co.New York Supreme Court · 1894

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