Birtwell v. Hosmer

Supreme Court of Rhode Island
Birtwell v. Hosmer, 38 A. 946 (R.I. 1897)
20 R.I. 309; 1897 R.I. LEXIS 114
Matteson, Stiness, Tillinghast

Birtwell v. Hosmer

Opinion of the Court

Per Curiam.

The petitioner has failed to show a compliance with the statute, since the mere filing of an account, with notice of an intention to claim a lien, is not a commencement of legal process to enforce the lien within the meaning-of the statute, 1 as construed in Tingley v. White, 17 R. I. 533, and Goff v. Hosmer, 20 R. I. Part 1, 93, which requires a statement that the lodging of the account or demand is for the purpose of commencing legal process to enforce the lien. As suggested by counsel for the respondent, the commencement of legal process ought not to be left to implication.

The petition must therefore be dismissed.

1

Gen. Laws R. I. cap. 206, § 7.'

Reference

Full Case Name
Archibald Birtwell v. Frederick H. Hosmer.
Status
Published