Worthen v. Cleaveland
Massachusetts Supreme Judicial Court
Petition, under the Gen. Sts. o. 150, to enforce a mechanic’s lien for labor performed in building the cellar of a dwelling-house on land of the respondent in Melrose.
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Petition, under the Gen. Sts. o. 150, to enforce a mechanic’s lien for labor performed in building the cellar of a dwelling-house on land of the respondent in Melrose. Trial in the Superior Court, without a jury, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows: On May 15, 1876, the petitioner filed his lien statement in the office of the town clerk of Melrose; and on July 15,1876, filed his petition in the clerk’s office of the Superior Court, in vacation. On October 28,1876, an order of notice was issued returnable at December term following. The respondent…
1Opinion of the CourtSoule, J.
The suit for enforcing a mechanic’s lien for labor or materials done or furnished in the erection or alteration of a building may be begun by filing a petition in court, in term, or in the clerk’s office in vacation; Gen. Sts. c. 150, § 8; or by inserting the petition in a writ to be served, returned and entered as are writs in other cases. § 9. ' When the suit is begun by petition not inserted in a writ, “ the court in which the petition is entered, or the clerk thereof in vacation, shall order notice to be given to th<? owner of the building or structure, that he may appear and answer…
2Cases cited3 opinions
- Turner v. WentworthMassachusetts Supreme Judicial Court · 1876
- Hilton v. MerrillMassachusetts Supreme Judicial Court · 1871
- Donnell v. StarlightMassachusetts Supreme Judicial Court · 1869
3Cited by13 opinions
- Maynard v. Royal Worcester Corset Co.Massachusetts Supreme Judicial Court · 1908
- General Fire Extinguisher Co. v. Schwartz Bros. CommissionSupreme Court of Missouri · 1901
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- National Surety Co. v. PriceCourt of Appeals of Kentucky · 1915
- Conlee v. ClarkIndiana Court of Appeals · 1896
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