TaiLexi AI U.S. Case Law

Vreeland v. Bramhall

JESSE K. VREELAND v. EDMUND C. BRAMHALL

Vreeland v. Bramhall, 39 N.J.L. 1 (1876)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of New Jersey · State Highest Courts
Decided
November 15, 1876
Judges
Beasley
Citations
39 N.J.L. 1
Headnotes
The provision in the mechanics’ lien law authorizing amendments of the lien-claim, is not retrospective, so as to apply to a claim filed before its enactment.
Summary
On case certified from the Hudson Circuit. Mechanics’ lien filed May 28th, 1873. Summons was duly issued and declaration filed. The builder pleaded non-assumpsit and the owner the statutory plea. Notice of the nonjoinder of one John Lindsey, as a plaintiff, was duly served. The plaintiff thereupon made a motion to amend the lien-claim and other proceedings by the insertion of the name of said Lindsey as co-claimant and plaintiff. This motion was certified to this court for its advisory opinion.

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

Opinion of the Court — Beasley

Text extracted by OCR from a scanned original; check the original for exact wording.

The opinion of the court was delivered by Beasley, Chief Justice.

This motion should not be granted. The general principle of statutory construction is averse to giving to laws a retrospective effect, and the consequence is, such force is never ascribed to any act unless an intention to that end is to be found either in its language or object. In the present instance, such intention is not discoverable, either from expression or implication. The words and purpose of the section in question, are perfectly accordant with an interpretation attributing to it exclusively a prospective operation. To apply it to past transactions would be to hazard an injustice. Prior to this enactment, all persons had a legal right to look upon lien-claims as unamendable, and to vend and purchase land on that basis. To defeat expectations so founded, would be obviously unfair and inequitable.

The Circuit Court is advised that the lien-claim in question is not amendable.

How later courts describe this case

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

1953: 11956: 119532026peak 1953 · 1

Relies on it most ⓘ

  1. JD Loizeaux Lumber Co. v. Davis124 A.2d 593 (N.J. Super. Ct. App. Div. 1956)
  2. City of Newark v. Padula94 A.2d 859 (N.J. Super. Ct. App. Div. 1953)

Most recent

  1. JD Loizeaux Lumber Co. v. Davis124 A.2d 593 (N.J. Super. Ct. App. Div. 1956)
  2. City of Newark v. Padula94 A.2d 859 (N.J. Super. Ct. App. Div. 1953)

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 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list