Francisco v. Pine Cliffe Camp & Country Club

Supreme Court of North Carolina

Francisco v. Pine Cliffe Camp & Country Club

139 S.E. 443, 194 N.C. 320, 1927 N.C. LEXIS 85

DecidedOctober 5, 1927

StatusPublished

This text of 139 S.E. 443 (Francisco v. Pine Cliffe Camp & Country Club) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Francisco v. Pine Cliffe Camp & Country Club, 139 S.E. 443, 194 N.C. 320, 1927 N.C. LEXIS 85 (N.C. 1927).

Pincite

Opinion

Stacy, C. J.

These appeals present but a single question. It is tbis: When notice of claim is filed in tbe clerk’s office by a laborer, mechanic or material-furnisher, and judgment subsequently rendered in an action by such laborer, mechanic or material-furnisher against tbe owner of tbe building for tbe amount of bis claim, but in which tbe plaintiff’s right to a statutory lien as a laborer, mechanic, or material-furnisher, is specifically denied, does tbe lien of said judgment take effect from tbe date of its entry, or would such lien relate back to the date upon which tbe laborer, mechanic, or material-furnisher filed notice of bis claim in tbe clerk’s office?

*321 Tbe question, answers itself. His Honor correctly beld tbat as "W. H. Francisco failed to obtain a judgment on bis claim of lien as a laborer, mecbanic, or material-furnisber, and did not appeal from tbe order awarding bim judgment as a general creditor only, tbe lien of tbe judgment entered in bis favor took effect from tbe date of its entry, 31 January, 1927, and not from tbe date of tbe filing of claim in tbe clerk’s office, 30 July, 1926, wbicb be failed to prosecute to a successful conclusion, and tbat said judment was not entitled to share in tbe distribution of tbe proceeds, derived from tbe sale of defendant’s land under execution, over other judgments, docketed prior to 31 January, 1927.

Affirmed.

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Stacy, C. J.

These appeals present but a single question. It is tbis: When notice of claim is filed in tbe clerk’s office by a laborer, mechanic or material-furnisher, and judgment subsequently rendered in an action by such laborer, mechanic or material-furnisher against tbe owner of tbe building for tbe amount of bis claim, but in which tbe plaintiff’s right to a statutory lien as a laborer, mechanic, or material-furnisher, is specifically denied, does tbe lien of said judgment take effect from tbe date of its entry, or would such lien relate back to the date upon which tbe laborer, mechanic, or material-furnisher filed notice of bis claim in tbe clerk’s office?

*321 Tbe question, answers itself. His Honor correctly beld tbat as "W. H. Francisco failed to obtain a judgment on bis claim of lien as a laborer, mecbanic, or material-furnisber, and did not appeal from tbe order awarding bim judgment as a general creditor only, tbe lien of tbe judgment entered in bis favor took effect from tbe date of its entry, 31 January, 1927, and not from tbe date of tbe filing of claim in tbe clerk’s office, 30 July, 1926, wbicb be failed to prosecute to a successful conclusion, and tbat said judment was not entitled to share in tbe distribution of tbe proceeds, derived from tbe sale of defendant’s land under execution, over other judgments, docketed prior to 31 January, 1927.

Affirmed.

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Bluebook (online)

139 S.E. 443, 194 N.C. 320, 1927 N.C. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francisco-v-pine-cliffe-camp-country-club-nc-1927.