Gallup v. Babsen
New York Supreme Court
APPEALS by defendants from judgments in favor of plaintiffs entered upon the decision of the court. The actions were brought — one by John T. Gallup against William R. Babsen and another, and the other by William R. Wells against Isaac S. Holbrook and another, to enforce mechanics’ liens. Enough facts appear in the opinion.
1Opinion of the CourtDonohue, J.
These cases are, in the main, substantially alike. They are to enforce a mechanic’s lien, and after the plaintiff rested the defendants asked a dismissal on the grounds : 1. That the lien had not been prosecuted within one year. 2. That the notice was not filed with the town clerk. 3. That the summons was served too late. The cause was tried by the court without a jury, and the attention of the learned judge was not called to any other defect of proof which might have been supplied, and it was apparently admitted and taken for granted that the only grounds of defense were those stated. The…
2Cases cited3 opinions
- Cox v. . JamesNew York Court of Appeals · 1871
- Ingersoll v. . BostwickNew York Court of Appeals · 1860
- Douglass v. DayNew York Court of Appeals · 1867