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Olin Mathers et al. v. William Connelly et al.
April 6, 1948 - Opinion
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| April 6, 1948 | Olin Mathers et al. v. William Connelly et al. Current page | Opinion | Supreme Court | Reporter |
Cheshire,
Apr. 6, 1948.
No. 3723.
Olin Mathers & a. v. William Connelly & a.
Howard B. Lane, for the plaintiffs.
Edward C. Sullivan for the defendants William Connelly and Herbert Brooks. Northern Timber & Landscape Company, Inc. entered no appearance.
Blandin, J.
The case of Ferns v. Company, 81 N. H. 283, is decisive in favor of the defendants and the plaintiff’s exceptions must be overruled. There the Court held that to secure a lien under the statute the plaintiff must “(1) state in his writ the purpose for which the suit is brought, s. 17; (2) describe the property on which he claims the lien with reasonable accuracy,... and (3) direct the officer to attach it to preserve his lien,...” The opinion then goes on to say “While the plaintiffs stated in their writ that the suit was ‘brought for the purpose of securing a mechanic’s lien/ they did neither of the other things the court holds they must do to preserve their lien.” See also, Goudie v. Company, 81 N. H. 88, 91; Wason v. Martel, 68 N. H. 560; Hill v. Callahan, 58 N. H. 497; Bryant v. Warren, 51 N. H. 213; 53 C. J. S., Liens, s. 5.
Exceptions overruled.
All concurred.