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Johnson v. Boudry

Charles S. Johnson v. Mary Boudry

Johnson v. Boudry, 116 Mass. 196 (1874)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
October 28, 1874
Judges
Gray
Citations
116 Mass. 1961874 Mass. LEXIS 60
Cited by 7
Headnotes
In a proceeding under the Gen. Sts. c. 150, to enforce a mechanic’s lien, interest, even if not claimed in the certificate filed with the town clerk, nor in the petition, is to he computed upon the debt from the filing of the petition to the time of judgment, and upon the judgment to the time of satisfaction out of the proceeds of the Bale of the estate in execution of the order of the court.
Summary
Petition under the Geu. Sts. c. 150, to enforce a mechanic’s lien. No interest was claimed in the petition, nor in the certificate previously filed by the petitioner in the office of the town clerk. At the trial in the Superior Court, before Putnam, J., no exception was taken to the instructions as to the principal sum for which the petitioner should have a lien. The judge instructed the jury to determine the sum due the petitioner upon the day of filing his certificate, without interest. A verdict was returned accordingly. Upon the motion of the petitioner, the judge ordered a sale of the premises, and payment, out of the proceeds, of the amount so found due, with interest from the time of filing the petition to the time of the sale. The respondent alleged exceptions.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gray

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Gray, C. J.

The respondent has no just ground of exception to the ruling and order of the Superior Court. The certificate filed in the town clerk’s office could not properly include interest to accrue afterwards. The sum due to the petitioner having been unlawfully withheld by the respondent, interest, though not specifically claimed in the petition, is to be computed, in this proceeding to obtain payment of the debt by enforcing the lien, as it would have been in an action on the debt itself, from the beginning of the suit to the time of judgment; Barstow v. Robinson, 2 Allen, 605 ; Mills v. Heeney, 35 Ill. 173 ; and from the judgment to the time of satisfaction out of the proceeds of the sale of the estate in execution of the order of the court. Gen. Sts. a. 133, § 8; c. 150, §§ 21, 25. Exceptions overruled.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →
1886–1887: 11894–1895: 11906–1907: 11920–1921: 21924–1925: 11978–1979: 118862026peak 1920 · 2

Relies on it most ⓘ

  1. Pacific Mutual Life Insurance Co. v. Fisher39 P. 758 (Cal. 1895)
  2. Nugent v. Boston Consolidated Gas Co.130 N.E. 488 (Mass. 1921)
  3. Young v. Winkley78 N.E. 377 (Mass. 1906)
  4. Otis Elevator Co. v. Long130 N.E. 265 (Mass. 1921)
  5. Casey v. Weaver6 N.E. 372 (Mass. 1886)
  6. Stokosa v. Waltuch393 N.E.2d 350 (Mass. 1979)

Most recent

  1. Stokosa v. Waltuch393 N.E.2d 350 (Mass. 1979)
  2. Harris v. Gilbert128 A. 11 (R.I. 1925)
  3. Otis Elevator Co. v. Long130 N.E. 265 (Mass. 1921)
  4. Nugent v. Boston Consolidated Gas Co.130 N.E. 488 (Mass. 1921)
  5. Young v. Winkley78 N.E. 377 (Mass. 1906)
  6. Pacific Mutual Life Insurance Co. v. Fisher39 P. 758 (Cal. 1895)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Mills v. Heeney, 35 Ill. 173 (1864) 7

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