Morrison Co. v. Williams
Massachusetts Supreme Judicial Court
Petition for the enforcement of a mechanic’s lien, filed in the Superior Court for the county of Suffolk on July 15,1907. The respondent filed an “ answer in abatement ” to which the petitioner demurred, as stated in the opinion, GasJcill, J., sustained the demurrer after a hearing, and reported the case for determination by this court.
1Opinion of the CourtKnowlton, C. J.
To this petition for the enforcement of a mechanic’s lien the respondent filed a plea in abatement, averring first, that the petitioner had previously brought an action of contract, which was still pending, for the collection of the same indebtedness, and secondly, that there was a provision in the contract in regard to the existence of other liens or claims upon the property chargeable to the petitioner, which was a cause for the abatement of the petition. The questions come before us on a demurrer to this plea. -
1. The statute provides that one may maintain an action of contract for a debt…
2Cases cited1 opinion
- Angier v. Bay State Distilling Co.Massachusetts Supreme Judicial Court · 1901
3Cited by1 opinion
- Yerrington v. MillerMichigan Supreme Court · 1949