The Daily bulletin., 1893-04-19
COURT CHRONICLE.
Important Decision for Mechanics,
Material Men and Judgment
Creditors.

A unanimous decision of the Su-
prone Court. by Circuit Judge
Cooper sitting in place of Justice
Frcar, disqualified from having been
of counsel, has been rendered in +.
II. Lucas and others, executors of
the will Of George Lucas, deceased,
vs.. f. II. Rrdward, defendants; \. j.
Loprz, garnishec. The syllabus of
decision reads " follows:
"Undcr the Act Of 1888, Chapter
XNI,, TO provide for liens of mecha-
MICS and material men, the lien does
not exist until notice thereof is filed.
"An order was made by Justice
tha; Judgment might be had against
a garnshee; Judgment was not en-
tered thereon as required by the
rules. Held, it was not recorded
Judgment under Section of the
Act above named"
Geo. Lucas on Jan. 10, 1892, re-
covered Judgment against f. II. Red
ward in the Police Court for the
sum of S3l7.16 including costs. De-
fendant appealed to the Supreme
Court but withdrew his appeal July
20, 1899. Upon affidavit of plain
tiIl;' counsel an order was issued
Dec. &, attaching all debts due or
accruing from A. j. Lopez to F. II.
Redward. The Chief Justice rem
dcred decision Dec. "A, finding
that Lopez owed Redward Sl49l
and was liable as garnishee to the
Lucas estate for the amount of the
Judgment against Redward. The
amount due from Lopez to Redward
was on account of building con-
| tract.
Jan. 3, 1893, Lopez fled motion
to reopen the cause, alleging that
on Dec. 30 S. G. Allen, a material
man, had filed a lien on the building
for the sum of S1SS5.20, and that he
believed if he complied with the
order of the Court and paid the
amount of the Lucas judgment, he
would also be obliged to pay the
amount of the Allen claim without
deducting the sum paid to the plain
tiffs. On February s a decision OF
Chief Justice Judd, refusing to re.
open the case, was fled in which it
was stated that ''the order to the
| garnishee was Judgment against
| him; it was rendered six days before
the filing of the material mans lien
and is prior in time and in right
1t is from this decision that the ap
peal of Lopez is taken.
The garnishee in his motion to re-
open contendcd that the materia
mans lien has priority over the
judgment against the garnishee al
though filed on day subsequent
He also contended that the lien ex
lists from the date the materials were
furnished and that, upon filing the
notice required by the statute, that
act for the purpose of determining
priorities relates back to the first
transaction. This in the Court's
opinion cannot be maintained. Be,
ing derogatory to the common law
the statute on liens must be strictly
construed. 1t is found that the lier
does not exist until notice of it i:
filed, and that every lien filed has
priority over every other lien flee
subsequently, and all liens so flee
have priority over all other liens o
any nature, subject to any recorded
lien or Judgment.
Was the Judgment recorded at the
time of or previous to the filing oi
the lien by Allen? To answer thi:
question the Court, in the absence
Of statute law requiring any minis
terial act to be done on the part oi
the clerk, has resort to the rules o.
the Court. 1t is contended by the
plaintiffs that upon the filing of J.;
decision with the Clerk the judg
ment must be deemed recorded. 4
rule is cited by the Court which re
quires attorneys of the party il
whose favor a verdict or decision
shall be rendered to file record o.
the proceedings in a certain form,
under the seal of the Court. 1t il
found that in the case at bar no re
cord as required by the rule ha
been made, and the Judgment relieC
upon by the plaintiffs is not re
corded Judgment.
The cause is therefore reopeneC
and sent back to the Circuit Judge
of the First Circuit for hearing, fo
the purpose of determining whethe
the alleged lien exists, and, if 81
found, such further proceedings ma,
be had as are necessary; if it is founl
that the lien does not exist, then tn
order to the garnishee to stand"
&. w. Ashford for plaintiff; j. A
Magoon for the garnishee.
Judge Cooper to-day approved tn
accounts of Antoine G.. Cunha, ex
ecutor of the estate of his fatheI
showing receipts of $71l.5O and pay
ments of the same amount.
The following order is posted a
the entrance to the Clerks Office
, 'The Clerk will hereafter decline t.
receive deposits for costs accrued G
to accrue unless payments are mad
in United States gold coin"
Calendar of Cases for Special TERI
Supreme Court, April 20, 1898.
Tho Dnnn,, We NJ ~ CO., Tan.