The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1893-05-02

o. the 18Th day q January, 1SS.2
Geo LCcSs- plaintiffs teststor. re-
covered Judgment against Z. d
Re6Ezrd n the Police Court o.
Honolulu for the sun Of SSH Is
beng S29S.75 damage and S1S4l
costs, from Which Judgment defend
ant appealed 70 the Supreme Court
This appeal was Withdrawn On tie
21tb day o. July. 1892
Upon affidavit Of plaintiffs counsel
81 order was IssleG on the 9th day
q December. 1872 attaching all debts
due or sccruicg from i. J. Lopez 70
Z. Z Redward- After hearing the
case or IN order 20 show cause, the
CGiet Justice on the 9th day q
December, 1892 rendered his dscl-
sion II which be found that al the
date Of the service Of the order On
Lopez December It'll. ne owed Red
ward the sum OF SI+9I00. and Is
liable g. gsruisLss 70 the Lucas
estate for the amount Of the Iudg-
ueut against Radwzri. and II : 50
ordered
TIE amount due from Lopez TO
RedEs-d was On account Of g build
Irg contract
On the Sd day Of January, 1898,
Lopez fled 3 motion TO reopen the
cause and alleged. that on the 30sh
day q December. 1892. 5. c. Allen. q
uztsrizl nan. rad fled lien o. the
building f0r the sun Of SISS5 20. and
that be i informed and believes that
Il Re complies with the order OF the
Court and pays the amount Of the
Lucas Judgment he viii also be OBJ
Eged % pay the smount Of the Allen
claim without deducting the sum
paid 10 the plaintiff The motion
was heard before Chief Justice Judd.
and On the Ssh day Of February, 1888,
the decision refusing to re open. was
fled II which Il was stated that the
order 70 the gsrEISLee was g IGdg
Eert sgairst him Il was rendered
81 days before the fling Of the ma
tsrlzL mans lien. and = prior IN time
1rd n right l. l. from this de
eis-cu that the appeal q LoPez Is
tzke-
Tie gGr1IsLse IL his motion 90 re-
open admits that he l. owing 70
Redwsrd the sum Of SI+sI. and was
g On the seventh day Of December
when the order Of attachment was
served upon him. but contends that
the material mans lien has priority
over TIE Judgment against the gar
nlsLee, although fled on c day sub
segEeut-
The statute which gives the nate
nal nan his lien L 80 radically DIFF
tsre1t from other laws OF the same
subject, that We cal derive but little
assistance from the decisions founded
upon them
The salient points Of our statute.
Session Laws Of 1855. Chapter
XXI bearing upon the question
before the Court gre as fcl-
lows Section Il Any person OF
association Of persons furnishing
labor OF material 20 be used II the
construction OF repair OF any build
ing shall have e lien for
the p1cs sgreed TO be paid for such
labor O material upon such build
ing Section - The lien pro
vIdsd n the first section hereof shall
no Et-E-i unless & notice thereof
shall b fled II writing II the Office
OF the Clerk Of the CIrcuit OF Su-
ursue Court. Section {.
- Tie lien herein provided shall
have J'ores g1{g Jfrsz G.Efs q .5IiHg. 1t
shall have priority II the order Of
fling over other liens Of any nature.
and shall Dc subject TO any prior re-
corded lien OF iaigusnt
Il : couteudsd OF the part Of the
gsruIshee that the len exists from
the date the materials were fur
ulshed- and that upon fling the no
tics required II Section 2. that act
for the purpose q determining nj
critics relates hack 70 tie first trans
action This, II Cur opinion. cannot
Be maintained
! statute creating = mechanics
hen * Il derogsfion Of the common
Law and lzst Be strictly Construed
and I'll the provisions Of the statute
must Be strictly couplied with
Bottonly " Grace Church, = Cal,
%
Walker - Hs1ss, Hiio 81 al l
Cal Is
II seems 70 u that the statute
must Be Construed a. giving the right
Of lien upon the performance Of Ger
tam eoudluo1s- and that II Is essen
tisI that they Be complied with before
the lien given shall have any effect
A nan nay have right Of attach
neBt against his debtor, but the night
does not attach unless the wit be
duly Issued and served II sceordsnee
EIth law. Ifs was a. eontended- the
MAJ who furnished the. foundation