Scruggs & Echols v. City of Decatur
Supreme Court of Alabama
Bill to Enforce Mechanic’s Lien Against Gity Property. Appear from Morgan Chancery Conrt. Heard before Hon. Marvin West, Special Chancellor. Bill by Scruggs & Echols against the mayor and council of the city of Decatur to enforce a mechanic’s lien upon a public school and upon a fund set apart by the city for the purposes of constructing such building.
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Bill to Enforce Mechanic’s Lien Against Gity Property. Appear from Morgan Chancery Conrt. Heard before Hon. Marvin West, Special Chancellor. Bill by Scruggs & Echols against the mayor and council of the city of Decatur to enforce a mechanic’s lien upon a public school and upon a fund set apart by the city for the purposes of constructing such building. From a decree dismissing the bill complainants appeal Public policy favors the enforcement of debts and the sustaining of credit, public as well as private. — Wood v. Holly Mfg. Go. 100 Ala. 236. The lien is enforceable upon- school property.…
1Opinion of the CourtAnderson, J.
section 2040 of the Civil Code of 1896 says: “All property, real and personal, belonging to the several counties or municipal corporations in this state, and used for county or municipal purposes, shall be exempt from levy and sale under any process, judgment, or decree whatsoever.” There is nothing in the mechanic’s lien law (chapter 71, art. 1) making any innovation as to the foregoing section, so as to permit the enforcement of a mechanic’s lien upon property therein exempted.
The bill shows that the building in question was constructed for and under the authority of the city, to be used…
2Cases cited6 opinions
- Loring & Co. v. SmallSupreme Court of Iowa · 1878
- Equitable Loan & Security Co. v. Town of EdwardsvilleSupreme Court of Alabama · 1905
- Ellis v. Pratt CitySupreme Court of Alabama · 1895
- Mayor of Birmingham v. Rumsey & Co.Supreme Court of Alabama · 1879
- Pittsburg Testing Laboratory, Ltd. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Martin v. Holtville High School Bldg.Supreme Court of Alabama · 1933
- Abell-Howe Co. v. INDUSTRIAL DEVELOPMENT BD., ETC.Court of Civil Appeals of Alabama · 1980
- Rayborn v. Housing Authority of Washington CountySupreme Court of Alabama · 1964
- Russell & Johnson v. Town of OneontaSupreme Court of Alabama · 1917
- N. O. Nelson Mfg. Co. v. County Board of EducationSupreme Court of Alabama · 1934
1 more not listed; retrieve them via the Exa API.