Roman v. Thorn & Gorrie
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John F. Hubbard. This action was brought by Thorn & Gorrie, suing as partners, against Sigmund Eoman, “individually, and as agent of Sarah Eoman, Hannah Schram, Eegina Levy, and L. Gugenheim,” as he was described in the summons; or, as described in the second count of the complaint, “ individually, and as agent and trustee for his wife, Mrs. Sarah Eoman, and for Hannah Schram, Eegina Levy, and L. Gugenheim.”
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John F. Hubbard. This action was brought by Thorn & Gorrie, suing as partners, against Sigmund Eoman, “individually, and as agent of Sarah Eoman, Hannah Schram, Eegina Levy, and L. Gugenheim,” as he was described in the summons; or, as described in the second count of the complaint, “ individually, and as agent and trustee for his wife, Mrs. Sarah Eoman, and for Hannah Schram, Eegina Levy, and L. Gugenheim.” The first count of the complaint claimed. $345, “due by account for work and labor done by plaintiffs, at defendant’s…
1Opinion of the CourtSomerville, J.
The suit is one brought for the enforcement of a mechanic’s lien under the provisions of the statute. — Code, 1886, §§ 3018-3048.
It is fatally defective in making the agent of the owner or proprietor of the lands on which the improvements were made, the sole party defendant to the proceeding. While the lien created by the statute may arise on a contract made by the agent, or trustee of such owner or proprietor, the suit authorized by the statute is one against the principal, and not against the agent. The defendant, Eoman, as an individual, may have been a proper party defendant, as trustee…
2Cases cited1 opinion
- Trammell v. HudmonSupreme Court of Alabama · 1884
3Cited by13 opinions
- Hughes v. TorgersonSupreme Court of Alabama · 1892
- Lily Flagg Building Supply Co. v. J. M. Medlin & Co.Supreme Court of Alabama · 1970
- Adams Supply Co. v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1959
- Vanderbilt v. All Persons, Etc.California Supreme Court · 1912
- Sturdavant v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1929
8 more not listed; retrieve them via the Exa API.