Legal Opinion

Baldwin v. Constantine

Supreme Court of Alabama

Decided April 22, 1926No. 6 Div. 668PublishedCited by 4 opinions

1Opinion of the CourtAnderson, C. J.

The appellee, as owner of a house and lot, filed this bill of inter-pleader or in the nature of an interpleader against numerous claimants of a mechanic’s lien and none of whom being the original contractor could have preference or priority under the terms of section 8854 of the Code of 1923. The bill admits a balance due, and offers to bring it into court, and prays for an adjustment between the different claimants thereto and for a discharge. The equity of such a hill is well recognized by the leading text-writers as well as by many decisions of the appellate courts. 4 Pomeroy (3d Ed.) §…

2Cases cited4 opinions

  1. Newhall v. KastensIllinois Supreme Court · 1873
  2. Lapenta v. LettieriSupreme Court of Connecticut · 1899
  3. Hagan v. Riddle Co.Supreme Court of Alabama · 1923
  4. McDonald Stone Co. v. Stern & MarxSupreme Court of Alabama · 1904

3Cited by4 opinions

  1. Clyde Austin v. Texas-Ohio Gas CompanyCourt of Appeals for the Fifth Circuit · 1955
  2. Richardson Lumber Co. v. HowellSupreme Court of Alabama · 1929
  3. Anniston Lumber & Mfg. Co. v. KirklandSupreme Court of Alabama · 1929
  4. Cox v. BatesSupreme Court of Alabama · 1926

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API