# M. Haupt Co. v. Board of Education

> Supreme Court of New Jersey · March 5, 1917 · 87 N.J. Eq. 362

URL: https://www.frixlaw.com/law-library/cases/8269517

## Case

- **Full name:** M. Haupt Company, complainant-appellant v. Board of Education of Edgewater, defendant-respondent
- **Court:** Supreme Court of New Jersey
- **Decided:** March 5, 1917
- **Citations:** 87 N.J. Eq. 362; 2 Stock. 362; 100 A. 337; 1917 N.J. LEXIS 444
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Affirmance, Bergen, Black, Gardner, Garrison, Heppeni, Ieimer, Iiee, Kallscit, Minturn, None, Parker, Reversal, Swayze, Trenchard, White, Williams
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8269517

## Opinion text

Per Curiam.
The advisory master dismissed the bill because suit was not begun within ninety days after filing the lien as required by the act of March 30th, 1892. Comp. Stat. p. 3315. He relied upon the authority of Hermann v. Mexican Petroleum Corporation, 85 N. J. Eq. 367. Without expressing any opinion as to the correctness of the view taken by the learned vice-chancellor in that case, we think it enough to say that when a lien is claimed, the suit is not begun until the subpoena is taken out. The case is analogous to that of Haughwout v. Murphy, N. J. Eq. 531.
This view leads to an affirmance of the decree, with costs.
For affirmance—Ti-ie Ci-iiee-Justice, Garrison, Swayze, Trenchard, Parker, 'Bergen, Minturn,' Kallscit, Black, White, Heppeni-ieimer, Williams, Gardner—13.
For reversal—None.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8269517. Public record. Not legal advice.