Legal Opinion

In re Dean

New York Supreme Court

Decided December 27, 1894PublishedCited by 3 opinions

Appeal from Monroe county court. Application by Margaret Dean for an order directing payment to her of money paid into court by John D. Rutledge. From an order vacating an ex parte order directing such payment, petitioner appeals.

1Opinion of the CourtDwight, P. J.

The respondent, John D. Rutledge, was the owner of premises in the city of Rochester, against which the appellant, on the 21st day of February, 1894, had filed a notice of lien, under the mechanic’s lien law, for the sum of $122. On' the 9th day of March following, the respondent deposited with the clerk of Monroe county the sum of $122, with 28 cents as interest thereon, and the lien was marked, on the docket of liens, as discharged by payment to the clerk. On the 10th day of March the appellant commenced an action in the municipal court of Rochester to foreclose the lien, the summons being…

2Cases cited4 opinions

  1. Copley v. HayNew York Court of Common Pleas · 1891
  2. People ex rel. Flynn v. ButlerNew York Supreme Court · 1881
  3. Cunningham v. HatchNew York Court of Common Pleas · 1892
  4. Kruger v. BraenderNew York Court of Common Pleas · 1893

3Cited by3 opinions

  1. Stockton Lumber Co. v. SchulerCalifornia Supreme Court · 1909
  2. Cooper v. EmmanueleAppellate Division of the Supreme Court of the State of New York · 1966
  3. Village of St. Johnsville v. CronkAppellate Division of the Supreme Court of the State of New York · 1900

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