Phillips v. Gilbert,
101 U.S. 721 (1879)

Annotate this Case
  • Syllabus  | 
  • Case

U.S. Supreme Court

Phillips v. Gilbert, 101 U.S. 721 (1879)

Phillips v. Gilbert

101 U.S. 721


1. A mechanic, pursuant to his contract with the owner of certain lots in the city of Washington, erected a row of buildings upon them. Held that he did not lose his lien because his notice claimed it upon the property as an entirety, without specifically setting forth the amount claimed upon each building.

2. Where a bill is filed to enforce the lien, and the latter is discharged by the owner's written undertaking, with surety approved by the court, that he will pay the amount recovered with costs, held that the decree in personam for the amount due the mechanic can be taken only against the owner.

3. The remedy of the mechanic against the surety is by an action at law upon the undertaking.

Page 101 U. S. 722

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.