Egan v. Cheshire Street Railway Co.
Supreme Court of Connecticut
Action to foreclose a mechanic’s lien, brought to the Court of Common Pleas in New Haven County and tried to the court, Tyner, Acting-Judge, upon demurrer to the complaint ; the court sustained the demurrer and rendered judgment for the defendant, from which the plaintiff appealed. This action was brought under the statute regulating mechanic’s liens.
Read the full summary
Action to foreclose a mechanic’s lien, brought to the Court of Common Pleas in New Haven County and tried to the court, Tyner, Acting-Judge, upon demurrer to the complaint ; the court sustained the demurrer and rendered judgment for the defendant, from which the plaintiff appealed. This action was brought under the statute regulating mechanic’s liens. General Statutes, §§ 4135-4140. Paragraph three of the complaint alleges that “ the plaintiff, with the knowledge and approval of the defendant, rendered services and furnished materials in the construction of the above-described railroad, under…
1Opinion of the CourtHamersley, J.
The first reason of demurrer specified is plainly insufficient; the second reason calls for more consideration.
Section 4140 of the General Statutes, by which “any railroad, or any of its appurtenances,” is included with “ any building, or any of its appurtenances” (§ 4135), as subject -to the provisions of -the mechanic’s lien law, yras first enacted in 1871. Public Acts of 1871, p. 722, Chap. 137. The State in 1836 adopted the policy of subjecting, under specified regulations, any building whose value was enhanced by the service of mechanics rendered in its construction, to a lien securing…
2Cited by1 opinion
- George Alling'S Sons Co. v. Cheshire Street Railway Co.Supreme Court of Connecticut · 1910