Couillard v. O'CONNOR

Counsel for the intervenor Dubuque in open court waived any defect in the writ by which the mechanic’s lien under Revised Laws, chapter 264, section 12, was allegedly secured. This action was within the scope of the attorney’s authority (Barry v. Bartis, 85 N. H. 202) and under our decisions it binds Dubuque. Burtman v. Butman, 94 N. H. 412. The question before us, therefore, is whether the defendant O’Connor had such an interest in the garage building that the lien could attach. We believe that he did and it follows that the lien thus secured takes precedence over Dubuque’s mortgages. Caron…