McParlin v. Thompson
| Decision Date | 28 April 1911 |
| Parties | MCPARLIN v. THOMPSON et al. |
| Court | Rhode Island Supreme Court |
Appeal from Superior Court, Providence and Bristol Counties; Willard B. Tanner, Presiding Justice.
Petition for mechanic's lien by Owen McParlin against James Thompson and another. From a decree for plaintiff, defendants appeal. Reversed and remanded, with directions to dismiss the petition.
C. J. Farnsworth, for appellants. Fitzgerald & Higgins and John E. Connolly, for respondent.
It appears from the testimony of the petitioner that the materials for which he claims a lien were delivered under an entire contract made November 14, 1894, and that delivery thereunder began November 15, 1894. Legal process for the enforcement of the lien was commenced on the 5th day of June, 1895. As this was more than six months from the time of the commencing the delivery of materials, it was not a compliance with the provisions of the statute governing the same (Pub. Laws, R. I. c. 696, § 4, passed March 21, 1888), which is necessary for the enjoyment of its privileges.
The statute, being in derogation of common-law right, must be construed strictly. The account or demand was therefore lodged too late to secure the lien. Gurney v. Walsham, 16 R. I. 698, 19 Atl. 323, and cases cited.
The decree of the superior court is therefore reversed, and the case is remanded to the superior court, with direction to enter a decree dismissing the petition, with costs.
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Frank N. Gustafson & Sons, Inc. v. Walek
...464, 161 A. 218, 219 (1932); Rhode Island Marble & Tile Co. v. Spear, 49 R.I. 441, 442, 143 A. 777, 777 (1928); McParlin v. Thompson, 32 R.I. 291, 291-92, 79 A. 681, 681 (1911). However, we have also recognized that the statute is remedial and should therefore "be construed to carry out its......
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...such case being that mechanic's lien laws are to be strictly construed. To the latter doctrine this state is committed. McParlin v. Thompson, 32 R. I. 291, 79 A. 681; Heck v. Casey, 34 R. I. 389, 83 A. 757; R. I. Marble & Tile Co. v. Spear, 49 R. I. 441, 143 A. Strictly construing our law, ......
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