Sheffield Furnace Co. v. Witherow

Citations

• 149 U.S. 574
• 13 S. Ct. 936
• 37 L. Ed. 853
• 1893 U.S. LEXIS 2326

Syllabus

<p>A demurrer lacking the affidavit of defendant'and certificate of counsel is fatally defective, and a decree pro confesso may be entered unless something takes place between the filing of the demurrer and the entry of the decree to take away the right.</p> <p>The filing of an amended bill after a demurrer, without first obtaining an order of the court therefor, and the withdrawal of it by the complainant’s solicitor in consequence, without'paying to the defendant the costs ' occasioned thereby and furnishing him with a copy with proper references, do not take away such right.</p> <p>When one party contracts to erect -a building for another party on land of the latter, and a láw of the State gives a mechanics’ lien upon the land upon which the building stands, the parties may contract that the lien shall extend to other adjoining land of the latter party.</p> <p>When the state law gives either an action at law or a. remedy in equity to enforce a mechanics’ lien, proceedings in a Federal court to enforce it may be had in equity.</p>