Birtwell v. Hosmer
This text of 38 A. 946 (Birtwell v. Hosmer) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The petitioner has failed to show a compliance with the statute, since the mere filing of an account, with notice of an intention to claim a lien, is not a commencement of legal process to enforce the lien within the meaning-of the statute, 1 as construed in Tingley v. White, 17 R. I. 533, and Goff v. Hosmer, 20 R. I. Part 1, 93, which requires a statement that the lodging of the account or demand is for the purpose of commencing legal process to enforce the lien. As suggested by counsel for the respondent, the commencement of legal process ought not to be left to implication.
The petition must therefore be dismissed.
Gen. Laws R. I. cap. 206, § 7.'
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
38 A. 946, 20 R.I. 309, 1897 R.I. LEXIS 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/birtwell-v-hosmer-ri-1897.