162 A. 19 | Conn. | 1932
From the finding, it appears that A. P. Leavitt had a contract for the construction of a building on Washington Street, New Britain, owned by The W. L. Hatch Company. The plaintiff and all the defendants, other than the Hatch Company, were subcontractors of Leavitt in the construction of the building, and all the subcontractors fall within the class from whom a notice of intent to claim a mechanic's lien is necessary to entitle them to claim such a lien. The sum of $6610.48, which includes interest and costs as far as The W. L. Hatch Company is concerned, is due from it to the contractor, when all liens on the real *496 estate are discharged. The plaintiff, The Swift Upson Lumber Company, and six other of the subcontractors have valid mechanic's liens upon the property; and the amount due to them is more than sufficient to absorb the entire balance owed by the owner to the principal contractor. The other eight defendants attempted to file mechanic's liens upon the property, the total amount of their claimed liens being in excess of $5000. The notices of intent to claim liens filed on behalf of these eight defendants with the owner, The W. L. Hatch Company, were filed within the time required by law, but none of them were "attested copies" of the originals, as required by General Statutes, § 5107, appended in the footnote.* In respect to some of them, other irregularities were also claimed, which it is unnecessary to consider. The Hatch Company *497 does not complain because of the insufficiency of the notices, and has suffered no loss or prejudice as a result thereof, but the plaintiff and the other subcontractors who have valid liens complain of the failure of these appellants to attest the copies of the notices served on their behalf on the owner, and seek to prevent a reduction of the amount to be realized by them from their liens by having those of the appellants declared invalid. The trial court held that the liens of these eight defendants, who have appealed, were ineffective, because "attested copies" of the notices of intention to claim liens were not served upon the owner as required by the statutes.
The only question involved in the appeal taken by these defendants is the correctness of the court's conclusion. The written copies of the notices of intention to claim liens served on behalf of these eight defendants on the owner were not attested by anyone or in any manner, and clearly were not "attested copies" as required by the statute. McGuire v. Church,
As the law days fixed in the judgment have passed, it will be necessary for the Superior Court to enter a new judgment. Tilden v. Century Realty Co.,
There is no error, and the cause is remanded to the Superior Court with direction to enter a new judgment fixing a new law day.
In this opinion MALTBIE, C. J., and HINMAN, J., concurred; HAINES and BANKS, Js., dissented.