Moynihan Associates, Inc. v. Hanisch

In our view the controlling issue is whether Haniseh had an enforceable common-law lien.

Moynihan, through his counsel, takes the position that Haniseh does not have an enforceable lien because the services he rendered do not come within any statutory description of a lien. He further contends that common-law liens have been abrogated by the legislative enactment of our several lien statutes, particularly ch. 289. We disagree. Sec. 289.48 of the lien chapter of the statutes sets forth the procedure for the enforcement of liens. Within this section it is expressly provided that every person…