Mechanics' Lien Laws for New York City : And for the Counties of Kings And Queens. Statutes, Digest, And Commentaries, With Numerous Forms

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{Ante, 229 ; Maltby vs. Green, 1 Keyes, 548 ; Eeynolds vs. Hamil, 1 Code B., N. S., 230 ; Brown vs. Wood, 2 hiltan, 579 ; Sullivan vs. Decker, 1 E. D. S., 699 ; Lowber vs.
Childs, 2 E. D. S., 577 ; Jackson vs. Sloan, do., 617 ; People, ex rel. Bendon, vs. Co. Judge of B. Co., 13 How., 398 ; and Schaet- tler vs. Gardiner, 41 How., 243. Do. 47 K Y., 404. t) * It is a well recognized principle that wlien a statute creates a right, and also prescribes a remedy and mode of enforcement, that mode is
...exclusive. {Shaw vs.
Mddrum, 14 Ahb.,N. 8., 165; Dudley vs. Mayhem, 3 N. Y., 9.) \ A question arose under the law in Kens. Co., whether proceedings to fore- close a lien under the statute should be regarded as a special proceeding, and there- fore a review of a decision therein should be by ceriioTari, or by an appeal from the judgment, as in an ordinary action, and under the code. The General Term of the Supreme Court held that the proceedings to review a judgment under these statutes should be regarded as in an ordinary action.


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