Saginaw Bay Co. v. Engle

Ohio Circuit Courts

Saginaw Bay Co. v. Engle

19 Ohio C.C. 632

DecidedOctober 15, 1899

StatusPublished

This text of 19 Ohio C.C. 632 (Saginaw Bay Co. v. Engle) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Saginaw Bay Co. v. Engle, 19 Ohio C.C. 632 (Ohio Super. Ct. 1899).

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Opinion

Caldwell, J.

The section of the Mechanics’ Lien Law as it refers to priority among sub-contractors and material men, means this; When a. sub-contractor or material man flies his lien, he gets a lien on all then due or becoming due within ten days thereafter from the owner to the contractor, and he is to pro rate with all who come in within the ten days. After the ten days, the funds due before are to be regarded as appropriated to the extent of the liens filed before the ten days were up. Liens filed after the ten days, become liens only on funds due after the ten days and on any balance after the liens filed before the ten days are satisfied out of the funds due before the ten days.

There was no such change made in the contract between- the ■ owner and the contractor as would affect the rights of lien holders. The plaintiff is entitled to the priority it claims.

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Caldwell, J.

The section of the Mechanics’ Lien Law as it refers to priority among sub-contractors and material men, means this; When a. sub-contractor or material man flies his lien, he gets a lien on all then due or becoming due within ten days thereafter from the owner to the contractor, and he is to pro rate with all who come in within the ten days. After the ten days, the funds due before are to be regarded as appropriated to the extent of the liens filed before the ten days were up. Liens filed after the ten days, become liens only on funds due after the ten days and on any balance after the liens filed before the ten days are satisfied out of the funds due before the ten days.

There was no such change made in the contract between- the ■ owner and the contractor as would affect the rights of lien holders. The plaintiff is entitled to the priority it claims.

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Bluebook (online)

19 Ohio C.C. 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saginaw-bay-co-v-engle-ohiocirct-1899.