Mivelaz v. Genovely
Court of Appeals of Kentucky
CASE 29 — ACTION BY W. S. GENOVELY AGAINST MARY A. MIVELAZ TO ENFORCE A MECHANIC’S LIEN. Appeal from Jefferson Circuit Conrt, Chancery Branch. (2d Division.) Samuel B. Kirby, Judge. Judgment for plaintiff. Defendant appeals.
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CASE 29 — ACTION BY W. S. GENOVELY AGAINST MARY A. MIVELAZ TO ENFORCE A MECHANIC’S LIEN. Appeal from Jefferson Circuit Conrt, Chancery Branch. (2d Division.) Samuel B. Kirby, Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. In a suit by a subcontractor against the owner of property to enforce a mechanic’s lien, thereon the contractor,, who is the debtor of tbe subcontractor, is- a necessary party, and it is reversible error to overrule a special demurrer for want of such •proper party. (Ky. Stats., sec. 2471; Phillips on Mechanics’ Liens, sec. 397.) a. A…
1Opinion of the Court
Opinion by
Judge Nunn
Affirming.
This appeal is from a judgment of the Jefferson Circuit Court enforcing a mechanic’s lien in favor of the appellee for $118.50 for work performed for appellant under a contract made by her with one R. A. Barnes, a contractor, who employed appellee. Appellee alleged that the labor he performed was completed on the 9th of April, 1903. According to this allegation, the appellee filed the lien as provided by secs. 2463 and 2468, Ky. Stats. 1903. In her answer appellant denied that appellee was employed or performed the labor, and alleged that she contracted with one…
2Cases cited3 opinions
- Gere v. CushingCourt of Appeals of Kentucky · 1869
- Waddy Bluegrass Creamery Co. v. Dayis-Rankin Building & Manufacturing Co.Court of Appeals of Kentucky · 1898
- Graham & Co. v. HoltCourt of Appeals of Kentucky · 1843
3Cited by5 opinions
- Mullan Contracting Co. v. International Business MacHines Corp.Court of Appeals of Maryland · 1959
- Mivelaz v. JohnsonCourt of Appeals of Kentucky · 1907
- Chesapeake & Ohio Railway Co. v. Hall's Admr.Court of Appeals of Kentucky · 1912
- Bass & Co. v. Trustees of Madisonville Christian ChurchCourt of Appeals of Kentucky (pre-1976) · 1933
- West Shore Lumber & Construction Co. v. Williams, Pennsylvania Court of Common Pleas, Cumberland County1950