Abell-Howe Co. v. INDUSTRIAL DEVELOPMENT BD., ETC.

This is an appeal from the denial of judgment for Abell-Howe Company (hereinafter Abell-Howe) under the materialman's lien law, §§ 35-11-210 and 35-11-218, Code of Ala. 1975, and the granting of judgment for Vulcan Metal Products Company, Inc. (hereinafter Vulcan Metal) on its malicious prosecution action.)

We affirm the trial court's denial of judgment for Abell-Howe on the lien claim and reverse its judgment for Vulcan Metal on the malicious prosecution claim.

Viewing the record with all due presumptions, the following is revealed: Abell-Howe instituted its action to enforce a materialman's…