¶1The respondent has no just ground of exception to the ruling and order of the Superior Court. The certificate filed in the town clerk’s office could not properly include interest to accrue afterwards. The sum due to the petitioner having been unlawfully withheld by the respondent, interest, though not specifically claimed in the petition, is to be computed, in this proceeding to obtain payment of the debt by enforcing the lien, as it would have been in an action on the debt itself, from the beginning of the suit to the time of judgment; Barstow v. Robinson, 2 Allen, 605; Mills v. Heeney, 35 Ill. 173; and from the judgment to the time of satisfaction out of the proceeds of the sale of the estate in execution of the order of the court. Gen. Sts. a. 133, § 8; c. 150, §§ 21, 25. Exceptions overruled.
116 Mass. 196
Johnson v. Boudry
Massachusetts Supreme Judicial Court
Decided October 28, 1874
Massachusetts Supreme Judicial Court · decided 1874-10-28
<p>In a proceeding under the Gen. Sts. c. 150, to enforce a mechanic’s lien, interest, even if not claimed in the certificate filed with the town clerk, nor in the petition, is to he computed upon the debt from the filing of the petition to the time of judgment, and upon the judgment to the time of satisfaction out of the proceeds of the Bale of the estate in execution of the order of the court.</p>
Relies on Mills v. Heeney
Good law ✅— No negative treatment on recordhow we know
Decided 1874-10-28
How this case has been cited
Cited by 7 later decisions — most recently August 1979
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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