Poerschke v. Kedenburg
New York Court of Common Pleas
Appeal from an order. This action was brought by Julius Poerschke against John P. A. Kedenburg to foreclose a mechanic’s lien on premises No. 27 East Houston street, in the city of New York. The lien was filed with the county clerk on September 4, 1866. On or about August 1, 1867, the plaintiff commenced proceedings in this court to foreclose his lien.
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Appeal from an order. This action was brought by Julius Poerschke against John P. A. Kedenburg to foreclose a mechanic’s lien on premises No. 27 East Houston street, in the city of New York. The lien was filed with the county clerk on September 4, 1866. On or about August 1, 1867, the plaintiff commenced proceedings in this court to foreclose his lien. He omitted, however, when the year had expired, to have his lien continued by an order of the court, as the statute provides. Some six months thereafter, the plaintiff’s attorneys moved before Judge D alt at special term for an order allowing…
1Opinion of the CourtBrady, J.
The act of 1863 (Laws of 1863) in relation to mechanic’s liens, provides by section 11 as follows: “Liens shall in all cases cease after one year, unless, by order of court, the lien is continued, and a new docket made stating the fact (without a discharge of the lien).”
The application for the continuation of the lien should be made before the expiration of the year ensuing its creation. The statute is imperative. It invests neither judge nor court with any discretion after the expiration of the year. It shall cease. The legislature intended to confer power upon the court in which proceedings…
2Cases cited2 opinions
- Welch v. Mayor of New YorkNew York Court of Common Pleas · 1865
- Devlin v. HopeNew York Supreme Court · 1863
3Cited by1 opinion
- In re ConradesMissouri Court of Appeals · 1904