Mivelaz v. Johnson
Court of Appeals of Kentucky
CASE 32. — ACTION BY A. W. JOHNSON AGAINST MARY E. MIVELAZ TO . ENFORCE A MECHANIC’S LIEN FOR BUILDING A CEMENT SIDEWALK. Appeal from Jefferson Circuit Court, Chancery Branch (Second Division). Samuel B. Kirby, Judge. Judgment for plaintiff. Defendant appeals.
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CASE 32. — ACTION BY A. W. JOHNSON AGAINST MARY E. MIVELAZ TO . ENFORCE A MECHANIC’S LIEN FOR BUILDING A CEMENT SIDEWALK. Appeal from Jefferson Circuit Court, Chancery Branch (Second Division). Samuel B. Kirby, Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. The court erred in sustaining the demurrer to the third paragraph of appellant’s answer, which showed that appellee did not intend to claim, a lien upon her property, and authorized Barnes, the original contractor, to represent to .appellant, the owner of the property, that no liens were, or could be, claimed…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Affirming.
Mary E. Mivelaz made a contract with. R. A. Barnes to bnild for iter a lions© and granitoid sidewalk in *255front of her lot on the east side of Third street in the City of Louisville. Barnes made a sub-contract with A. W. Johnson for the granitoid work, Johnson did the work. Mrs. Mivelaz. paid Barnes the whole amount she owed him under the contract, but Barnes did not pay Johnson. The amount due Johnson was $70. He thereupon filed his statement in the county clerk’s office and brought this suit asserting a lien upon the property. The circuit court…
2Cases cited5 opinions
- Willamette Steam Mills Co. v. KremerCalifornia Supreme Court · 1891
- McPhee v. LitchfieldMassachusetts Supreme Judicial Court · 1888
- Pollock v. MorrisonMassachusetts Supreme Judicial Court · 1900
- Kennedy v. House & HortonSupreme Court of Pennsylvania · 1861
- Mivelaz v. GenovelyCourt of Appeals of Kentucky · 1905
3Cited by5 opinions
- Powers v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1931
- International Mill & Timber Co. v. Kensington Heights Homes Co.Michigan Supreme Court · 1921
- Doss v. Gulf Smokeless Coal Co.West Virginia Supreme Court · 1926
- Gleich v. EarnestOhio Court of Appeals · 1930
- Bass & Co. v. Trustees of Madisonville Christian ChurchCourt of Appeals of Kentucky (pre-1976) · 1933