{
  "id": 8606417,
  "name": "W. H. FRANCISCO v. PINE CLIFFE CAMP AND COUNTRY CLUB; and W. B. WADSWORTH v. PINE CLIFFE CAMP AND COUNTRY CLUB",
  "name_abbreviation": "Francisco v. Pine Cliffe Camp & Country Club",
  "decision_date": "1927-10-05",
  "docket_number": "",
  "first_page": "320",
  "last_page": "321",
  "citations": [
    {
      "type": "official",
      "cite": "194 N.C. 320"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 178,
    "char_count": 2582,
    "ocr_confidence": 0.444,
    "sha256": "dd8bdffa48b2982c95053f32c793e2c82d290db52e4dc97aaeb918cffaf2b7f3",
    "simhash": "1:bd3ffba09e3f3fef",
    "word_count": 438
  },
  "last_updated": "2023-07-14T17:26:29.544042+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "W. H. FRANCISCO v. PINE CLIFFE CAMP AND COUNTRY CLUB and W. B. WADSWORTH v. PINE CLIFFE CAMP AND COUNTRY CLUB."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nThese appeals present but a single question. It is tbis: When notice of claim is filed in tbe clerk\u2019s office by a laborer, mechanic or material-furnisher, and judgment subsequently rendered in an action by such laborer, mechanic or material-furnisher against tbe owner of tbe building for tbe amount of bis claim, but in which tbe plaintiff\u2019s right to a statutory lien as a laborer, mechanic, or material-furnisher, is specifically denied, does tbe lien of said judgment take effect from tbe date of its entry, or would such lien relate back to the date upon which tbe laborer, mechanic, or material-furnisher filed notice of bis claim in tbe clerk\u2019s office?\nTbe question, answers itself. His Honor correctly beld tbat as \"W. H. Francisco failed to obtain a judgment on bis claim of lien as a laborer, mecbanic, or material-furnisber, and did not appeal from tbe order awarding bim judgment as a general creditor only, tbe lien of tbe judgment entered in bis favor took effect from tbe date of its entry, 31 January, 1927, and not from tbe date of tbe filing of claim in tbe clerk\u2019s office, 30 July, 1926, wbicb be failed to prosecute to a successful conclusion, and tbat said judment was not entitled to share in tbe distribution of tbe proceeds, derived from tbe sale of defendant\u2019s land under execution, over other judgments, docketed prior to 31 January, 1927.\nAffirmed.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "Gui\u00f3n & Gui\u00f3n and L>. H. Willis for plaintiffs:",
      "Whitehurst & Barden for appellees."
    ],
    "corrections": "",
    "head_matter": "W. H. FRANCISCO v. PINE CLIFFE CAMP AND COUNTRY CLUB and W. B. WADSWORTH v. PINE CLIFFE CAMP AND COUNTRY CLUB.\n(Filed 5 October, 1927.)\nJudgments \u2014 Liens\u2014Mechanics\u2019 Liens \u2014 Appeal and Error \u2014 Statutes.\nWhere a laborer on a building being constructed has failed in his action to establish a lien on the building, and Judgment is entered creating only a Judgment lien from which he has not appealed, the lien of - the Judgment takes effect from the time of its rendition, and does not relate back to the time of the filing of the lien in the clerk\u2019s office under the provisions of our statute relating to mechanics\u2019 liens so as to give it priority out of the proceeds of the sale of the property to the liens of other Judgments theretofore entered.\nAppeals by W. H. Erancisco from Granmer, J., at June Term, 1927, of CRAVEN.\nControversy among judgment creditors relative to tbe proper distribution of proceeds arising from sale of defendant\u2019s land under execution. Tbe question presented is tbe right to priority of satisfaction out of said funds.\nFrom tbe order entered W. H. Francisco appeals, assigning error.\nGui\u00f3n & Gui\u00f3n and L>. H. Willis for plaintiffs:\nWhitehurst & Barden for appellees."
  },
  "file_name": "0320-01",
  "first_page_order": 388,
  "last_page_order": 389
}