Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

I. S. Smick Lumber v. Hubschmidt

Decided: January 11, 1982.

I. S. SMICK LUMBER, PLAINTIFF-RESPONDENT,
v.
MARTHA E. HUBSCHMIDT AND JOHN F. HUBSCHMIDT, HER HUSBAND, STEPHEN P. FAULKNER, T/A PRIDE CONSTRUCTION COMPANY, THE FEDERAL LAND BANK OF SPRINGFIELD, AND PRODUCTION CREDIT ASSOCIATION OF BRIDGETON, DEFENDANTS-APPELLANTS



On appeal from Superior Court of New Jersey, Law Division, Cumberland County, whose opinion it reported at 177 N.J. Super. 131 (Law Div. 1980).

Michels, McElroy and J. H. Coleman.

Per Curiam

[182 NJSuper Page 306] Defendants appeal an order granting summary judgment to plaintiff, a lumber dealer who filed and served a mechanic's and

materialman's lien with respect to materials supplied to a building owned by defendants Hubschmidt. Service of the lien was made by ordinary mail and was admittedly received by those defendants within five days of the date the notice of intention was filed in the county clerk's office. The issue framed below and here is whether this constitutes valid service within the spirit and intent of N.J.S.A. 2A:44-71.

We affirm the entry of summary judgment for plaintiff substantially for the reasons stated in the opinion of Judge Edward S. Miller, reported at 177 N.J. Super. 131 (Law Div.1980).

Affirmed.

19820111 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.