McConnell v. Meridian Sash & Blind Factory
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was a suit instituted by the appellee against the appellant, H. L. McConnell, and certain named contractors, to recover an amount alleged to be due the plaintiff for material furnished to the contractors, and used by them in building a house for H. L. McConnell, the owner, and for the establishment of a material-man’s lien upon the property.
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Appeal from City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was a suit instituted by the appellee against the appellant, H. L. McConnell, and certain named contractors, to recover an amount alleged to be due the plaintiff for material furnished to the contractors, and used by them in building a house for H. L. McConnell, the owner, and for the establishment of a material-man’s lien upon the property. The suit was filed, and the remedy sought to be enforced under the provisions of the mechanic’s and material-man’s lien law as passed by the legislature in the term of…
1Opinion of the CourtBrickell, C. J.
Liens of the character here sought to be enforced are dependent for their validity upon a strict compliance, in all matters of substance, with the provisions of the statutes from which they derive their existence. — Globe Iron Roofing & Corrugating Co. v. Thacher, 87 Ala. 458; Leftwich Lumber Co. v. Florence Mutual B. & L. Ass'n, 104 Ala. 584.
By section 3022 of the Code of 1886, it is made necessary that the person claiming the lien should, within a given time, file in the office of the judge of probate <la statement in writing verified by the oath of the claimant or some other person having…
2Cases cited4 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
- Leftwich Lumber Co. v. Florence Mutual Building, Loan & Savings Ass'nSupreme Court of Alabama · 1894
- Greene v. RobinsonSupreme Court of Alabama · 1895
3Cited by4 opinions
- Sturdavant v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1929
- McGeever v. Harris & SonsSupreme Court of Alabama · 1906
- Reeves v. Kansas Cooperative Wheat Marketing Ass'nSupreme Court of Kansas · 1932
- Knight v. HillSupreme Court of Alabama · 1924