Spratt v. Nicholson

New York Court of Common Pleas

Spratt v. Nicholson

3 Daly 182

DecidedDecember 15, 1869

StatusPublished

This text of 3 Daly 182 (Spratt v. Nicholson) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Spratt v. Nicholson, 3 Daly 182 (N.Y. Super. Ct. 1869).

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Opinion

Brady, J.

Having decided that under the lien law of 1863 (Vide Carroll v. Coughlin, ante p. 179), an owner may compel the lienor to proceed with his lien, and if he fails to do so, the court may, by judgment in such proceeding, exempt the property affected from its operation, it must be held that the demurrer interposed in this case was well advised. The question, however, which otherwise would be presented, had not been passed upon in any adjudicated case when the demurrer herein was argued; and as this is an action in equity purely, and one which seemed necessary to give the plaintiff relief, I think the costs to be allowed the defendant, judgment being in his favor on the demurrer, should be limited to $10.

Ordered accordingly.

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Brady, J.

Having decided that under the lien law of 1863 (Vide Carroll v. Coughlin, ante p. 179), an owner may compel the lienor to proceed with his lien, and if he fails to do so, the court may, by judgment in such proceeding, exempt the property affected from its operation, it must be held that the demurrer interposed in this case was well advised. The question, however, which otherwise would be presented, had not been passed upon in any adjudicated case when the demurrer herein was argued; and as this is an action in equity purely, and one which seemed necessary to give the plaintiff relief, I think the costs to be allowed the defendant, judgment being in his favor on the demurrer, should be limited to $10.

Ordered accordingly.

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Bluebook (online)

3 Daly 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spratt-v-nicholson-nyctcompl-1869.