McAllister v. Des Rochers
Michigan Supreme Court
Appeal from Houghton; Streeter, J. Bill by Hector McAllister against Edward Des Rochers and others to enforce a mechanic’s lien. Defendants John Eunkey, Sr., the Portage Lake Hardware Company, Limited, and David McIntyre filed separate cross-bills to foreclose similar liens. From a decree dismissing the several bills, the lien claimants appeal. Complainant was a laborer, and performed work upon a house erected upon a lot of defendant Des "Rochers.
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Appeal from Houghton; Streeter, J. Bill by Hector McAllister against Edward Des Rochers and others to enforce a mechanic’s lien. Defendants John Eunkey, Sr., the Portage Lake Hardware Company, Limited, and David McIntyre filed separate cross-bills to foreclose similar liens. From a decree dismissing the several bills, the lien claimants appeal. Complainant was a laborer, and performed work upon a house erected upon a lot of defendant Des "Rochers. Four other laborers assigned their claims to him before proceedings were commenced to enforce a lien. The other defendants filed separate…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The first question urged by the defendant Des Rochers is that under the statute, until a statement is filed as provided therein, there is no lien or claim of lien which can be assigned under 3 Comp. Laws, § 10734. We think this too narrow .a construction to be placed upon the statute. It provides that “all liens or claims for liens which may arise or accrue under the terms of this act shall be assignable, and proceedings to enforce such liens may he maintained by and in the name of the assignees.” The purpose of this statute was to permit those who furnished…
2Cases cited8 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Wallace v. HarrisMichigan Supreme Court · 1875
- Dye v. MannMichigan Supreme Court · 1862
- Gibbs v. HanchetteMichigan Supreme Court · 1892
- Lamont v. LeFevreMichigan Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Mapel v. Long-Bell Lumber Co.Supreme Court of Oklahoma · 1924
- Perkins v. Golden GirlMichigan Supreme Court · 1915
- Scott v. KeethMichigan Supreme Court · 1908
- Lieblien v. HansenMichigan Supreme Court · 1913
- Gould, Inc. v. Dynalectric Co.Superior Court of Delaware · 1981
1 more not listed; retrieve them via the Exa API.