Bates v. Harte
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Tried before Hon. Thomas R. Roulhac. Tliis is a suit brought by F. E. Harte against Thornton Bates to recover an amount alleged to be due the plaintiff by contract Avith the defendant, and to enforce a mechanic’s lien for the same. The defendant demurred to the complaint so far as it set up a mechanics’ lien on the ground that, the work done by plaintiff Avas not for an improvement for Avhicli the statute gives a lien.
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Appeal from Colbert Circuit Court. Tried before Hon. Thomas R. Roulhac. Tliis is a suit brought by F. E. Harte against Thornton Bates to recover an amount alleged to be due the plaintiff by contract Avith the defendant, and to enforce a mechanic’s lien for the same. The defendant demurred to the complaint so far as it set up a mechanics’ lien on the ground that, the work done by plaintiff Avas not for an improvement for Avhicli the statute gives a lien. On the judgment overruling the demurrer, and on the admission of the contract recorded in the probate court clainqing a lien, the first three…
1Opinion of the CourtSharpe, J.
— Under section 2723 of the Code one doing work upon or furnishing materials for “any building or improvement upon land,” is given a lien to be perfected in the manner prescribed, upon the building or improvement and on the land on which the same is situated, ,-to an extent limited by the same section.
The statute recognizes that improvements meriting the protection of a lien may be made upon land otherwise than by buildings, but as they may occur in unforeseen variety the scope of the term improvement is left for determination in particular cases as they may arise. It is well known that a…
2Cases cited6 opinions
- Cannon v. LindseySupreme Court of Alabama · 1887
- Bickley v. Keenan & Co.Supreme Court of Alabama · 1877
- Foster v. JohnsonSupreme Court of Alabama · 1881
- Jones v. Cincinnati, Selma & Mobile RailroadSupreme Court of Alabama · 1889
- Hoppes v. BaieSupreme Court of Iowa · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Indemnity Insurance v. W. L. Macatee & SonsTexas Supreme Court · 1937
- Indemnity Ins. Co. of North America v. W. L. Macatee & SonsTexas Commission of Appeals · 1937
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- McDougle v. SilvernellSupreme Court of Alabama · 1999
- Woods v. Postal Telegraph-Cable Co.Supreme Court of Alabama · 1920
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