Legal Opinion

McCleskey v. Finney

Supreme Court of Alabama

Decided May 18, 1961No. 7 Div. 535PublishedCited by 10 opinions

1Opinion of the Court

MERRILL, Justice.

Appellants filed a bill in equity to enforce a materialman’s lien on a house and lot in Gadsden. The respondents, appellees, are the owners and the contractor. A demurrer was filed and was overruled as to most aspects, but was sustained as to one aspect. Appellants appealed from the decree sustaining the demurrer to one aspect of the bill.

The trial court sustained the demurrer to that aspect of the bill “seeking to impose a lien on the unpaid balance due the contractor by owners for materials furnished contractor prior to January 6, 1959.” The court stated this action was due…

2Cases cited6 opinions

  1. Le Grand v. HubbardSupreme Court of Alabama · 1927
  2. Harper Lumber & Manufacturing Co. v. C. O. TeateSupreme Court of Florida · 1929
  3. Gray v. McKinleyAlabama Court of Appeals · 1949
  4. Lindsey v. RogersSupreme Court of Alabama · 1953
  5. Trammell v. HudmonSupreme Court of Alabama · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Abell-Howe Co. v. INDUSTRIAL DEVELOPMENT BD., ETC.Court of Civil Appeals of Alabama · 1980
  2. Harper v. J. & C. TRUCKING & EXCAVATINGCourt of Civil Appeals of Alabama · 1978
  3. Security Transactions, Inc. v. Nelson Excavating & Paving Co., Inc.Court of Civil Appeals of Alabama · 1975
  4. Davis v. Gobble-Fite Lumber Co., Inc.Supreme Court of Alabama · 1991
  5. Copeland Const. Co. v. All Phase-Elec., Etc.Court of Civil Appeals of Alabama · 1979

5 more not listed; retrieve them via the Exa API.

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