Baxter v. Bryant
Appellate Terms of the Supreme Court of New York
Appeal from a judgment dismissing plaintiff’s complaint, rendered by the Municipal Court of the city of New York, borough of Brooklyn, fifth district, on the 12th day of May, 1914. The action was brought to enforce a mechanic’s lien. The property was situated in the borough of The Bronx, but the action was brought in the borough of Brooklyn.
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Appeal from a judgment dismissing plaintiff’s complaint, rendered by the Municipal Court of the city of New York, borough of Brooklyn, fifth district, on the 12th day of May, 1914. The action was brought to enforce a mechanic’s lien. The property was situated in the borough of The Bronx, but the action was brought in the borough of Brooklyn. The action was brought on for trial on the 12th day of May, 1914, when the defendants moved to dismiss the complaint on the ground that the court was without jurisdiction because the action should have been brought in the borough of The Bronx, and because…
1Opinion of the CourtBlackmar, J.
There is no provision of law that an action to enforce a mechanic’s lien in the Municipal *182Court must be brought in the borough or county where the property is situated. The action is not an action in equity to foreclose the lien but is an action to enforce the lien only, in which judgment may be entered and execution issued against the interest of the owner in the property which is subject to the lien. The action is an action in a court not of record and is subject to the provisions of section 25 of the Municipal Court Act as to the district in which the action may be brought.
Section 46 of…
2Cases cited1 opinion
- Schillinger v. HerrmannAppellate Terms of the Supreme Court of New York · 1901
3Cited by1 opinion
- Johnson & Gould v. Joseph Schlitz Brewing Co.District Court, E.D. Tennessee · 1939