O'Brien v. New York Butchers' Dressed Meat Co.
This text of 54 Misc. 297 (O'Brien v. New York Butchers' Dressed Meat Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It having been held by the court of last resort “ that an action to foreclose a mechanic’s lien is a suit in equity ” (152 N. Y. 590), this court may not direct the trial by a referee of the issues herein which will require the examination of a long' account, and will not require the decision of difficult questions of law, for as announced in Prince Line, Lim. v. Seager (Mss.), “it is the rule in equitable actions that a trial of the main issue should first be had before the court.” But see 141 N. Y. 485, 488.
Ordered accordingly.
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Cite This Page — Counsel Stack
54 Misc. 297, 105 N.Y.S. 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-new-york-butchers-dressed-meat-co-nysupct-1907.