Legal Opinion

Smalley v. Ashland Brown-Stone Co.

Michigan Supreme Court

Decided July 22, 1897PublishedCited by 24 opinions

Appeal from Wayne; Adams, J., presiding. Bill by ’William Smalley and others against the Ash-land Brown-Stone Company, impleaded with Traugofct Schmidt' and others, to enforce a mechanic’s lien. The defendant company filed an answer in the nature of a cross-bill, to which defendant Schmidt demurred. From an order dismissing the answer in so far as it claimed the benefit of a cross-bill, the defendant company appeals.

1Opinion of the CourtMontgomery, J.

Defendant Traugott Schmidt is the owner of a brick building in Detroit, constructed in the summer of 1895. Complainants filed a bill to enforce a mechanic’s lien. Defendant the Ashland Brown-Stone Company filed an answer, claiming the benefit of a cross-bill. To this answer defendant Schmidt demurred, and the demurrer was sustained. Defendant the Ashland Brown-Stone Company appeals.

1. Some criticism is made of the practice of asserting a lien by an answer in the nature of a cross-bill, but the *106right to do so is affirmed in Smalley v. Terra-Cotta Co., 113 Mich. 141. Criticism is also made of…

2Cases cited7 opinions

  1. Georgia Railroad & Banking Co. v. SmithSupreme Court of the United States · 1888
  2. Stanley v. ColtSupreme Court of the United States · 1867
  3. Kirkwood v. HoxieMichigan Supreme Court · 1893
  4. Smalley v. Northwestern Terra-Cotta Co.Michigan Supreme Court · 1897
  5. Lamont v. LeFevreMichigan Supreme Court · 1893

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Grand Traverse County v. StateMichigan Supreme Court · 1995
  2. Southern Surety Co. v. MacMillan Co.Court of Appeals for the Tenth Circuit · 1932
  3. Knowlton v. GibbonsMichigan Supreme Court · 1920
  4. Burton Drywall, Inc. v. KaufmanMichigan Court of Appeals · 1976
  5. Burton Drywall, Inc. v. KaufmanMichigan Supreme Court · 1978

19 more not listed; retrieve them via the Exa API.

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