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Common Law

Notre Dame Law School

Series

1930

Articles 1 - 2 of 2

Full-Text Articles in Law

Affidavits And Notice Under Ohio Mechanics' Lien Statute, Joseph O'Meara Jan 1930

Affidavits And Notice Under Ohio Mechanics' Lien Statute, Joseph O'Meara

Journal Articles

Recent cases under the Ohio Mechanics' Lien Statute have tended to emphasize the existing confusion in the perfecting of mechanics' liens and the need for statutory revision. The scintilla rule should be abandoned. Nor should the doctrine of stare decisis call up misgivings.


Supreme Court Opinion Contradicting The Scintilla Rule, Joseph O'Meara Jan 1930

Supreme Court Opinion Contradicting The Scintilla Rule, Joseph O'Meara

Journal Articles

The opinion of the supreme court in Cleveland Railway Co. v. Kukucz' cannot logically co-exist with the scintilla rule and, therefore, imperatively requires a re-examination of that trouble- some doctrine and a deliberate choice between it and the case referred to. The scintilla rule should be abandoned.