Johnson v. Russell

Michigan Supreme Court

Johnson v. Russell

219 N.W. 604, 243 Mich. 64, 1928 Mich. LEXIS 578

CourtMichigan Supreme Court

DecidedJune 4, 1928

DocketDocket No. 69, Calendar No. 33,267.

StatusPublished

Cited by1 cases

This text of 219 N.W. 604 (Johnson v. Russell) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Johnson v. Russell, 219 N.W. 604, 243 Mich. 64, 1928 Mich. LEXIS 578 (Mich. 1928).

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Opinion

Plaintiff, in his own behalf, and as assignee of others, filed the bill of complaint herein to establish and foreclose a mechanic's lien on real estate in the city of Ypsilanti, Michigan. A decree was entered for plaintiff, and defendant John A. Burtis appeals. It does not appear that plaintiff and his assignors, or any of them, performed any service or furnished any materials in pursuance of any contract with the owner, part owner, or lessee of the real estate, or of any interest therein, here involved. There is no basis for a mechanic's lien. Section 14796, 3 Comp. Laws 1915;Merrill v. Brant, 175 Mich. 182; John Wallace Sons Co. v.Wilkinson, 181 Mich. 693.

The decree herein is reversed and the bill of complaint dismissed, with costs.

FEAD, C.J., and NORTH, FELLOWS, WIEST, CLARK, McDONALD, and SHARPE, JJ., concurred. *Page 66

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Plaintiff, in his own behalf, and as assignee of others, filed the bill of complaint herein to establish and foreclose a mechanic's lien on real estate in the city of Ypsilanti, Michigan. A decree was entered for plaintiff, and defendant John A. Burtis appeals. It does not appear that plaintiff and his assignors, or any of them, performed any service or furnished any materials in pursuance of any contract with the owner, part owner, or lessee of the real estate, or of any interest therein, here involved. There is no basis for a mechanic's lien. Section 14796, 3 Comp. Laws 1915;Merrill v. Brant, 175 Mich. 182; John Wallace Sons Co. v.Wilkinson, 181 Mich. 693.

The decree herein is reversed and the bill of complaint dismissed, with costs.

FEAD, C.J., and NORTH, FELLOWS, WIEST, CLARK, McDONALD, and SHARPE, JJ., concurred. *Page 66

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219 N.W. 604, 243 Mich. 64, 1928 Mich. LEXIS 578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-russell-mich-1928.

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