McClellan v. Withers

U.S. Circuit Court for the District of District of Columbia

McClellan v. Withers

15 F. Cas. 1270, 4 D.C. 668, 4 Cranch 668

CourtU.S. Circuit Court for the District of District of Columbia

DecidedMarch 15, 1836

StatusPublished

This text of 15 F. Cas. 1270 (McClellan v. Withers) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McClellan v. Withers, 15 F. Cas. 1270, 4 D.C. 668, 4 Cranch 668 (circtddc 1836).

Pincite

Opinion

The Court

stopped Mr. Goxe, in reply, and said that as the plaintiff had not brought his suit, nor filed his claim within three months after the materials furnished, and two years had elapsed after the commencement of the building, (which was thirty days before the 29th of June, 1833,) and before the filing of the claim, (which was on the 25th of June, 1835,) the lien had expired before the issuing of the scire facias.

Fieri facias and proceedings quashed.

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The Court

stopped Mr. Goxe, in reply, and said that as the plaintiff had not brought his suit, nor filed his claim within three months after the materials furnished, and two years had elapsed after the commencement of the building, (which was thirty days before the 29th of June, 1833,) and before the filing of the claim, (which was on the 25th of June, 1835,) the lien had expired before the issuing of the scire facias.

Fieri facias and proceedings quashed.

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Bluebook (online)

15 F. Cas. 1270, 4 D.C. 668, 4 Cranch 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclellan-v-withers-circtddc-1836.