Hicks v. Branton
Supreme Court of Arkansas
Appeal from Columbia Circuit Court. Hon. Abner A. Stith, Circuit Judge. The third plea was improperly stricken out. The plea offered to show that the parties suing were not entitled to a lien, or a lien for the amount claimed. The 4th plea was both a denial and avoidance of the action; and the facts stated being admitted by the demurrer, the plea was good, as the party could not have the benefit of the writ until the money was due.
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Appeal from Columbia Circuit Court. Hon. Abner A. Stith, Circuit Judge. The third plea was improperly stricken out. The plea offered to show that the parties suing were not entitled to a lien, or a lien for the amount claimed. The 4th plea was both a denial and avoidance of the action; and the facts stated being admitted by the demurrer, the plea was good, as the party could not have the benefit of the writ until the money was due. The jury did not find that the lien was filed within the time prescribed by the statute (sec. 10), as they wére required to; nor was it proven that the abstract…
1Opinion of the CourtChief Justice English
This was a proceeding by scire facias, etc., to establish and enforce a mechanic’s lien, under the statute, upon a house and lot in the town of Magnolia.
In the account for $603 83f, which was filed in the office of the clerk of the Circuit Court of Columbia county, on the 26th of September, 1856, and in the scire facias, which was issued on the 29th of the same month, the persons who claim the lien, etc., and who are the plaintiffs in the proceeding, are described as Richard M. Branton and Samuel J. Branton, partners in house building, in the firm name of R. M. Branton & Co.; and the persons…
2Cases cited5 opinions
- Osborn v. MoncureNew York Supreme Court · 1829
- Converse v. SymmesMassachusetts Supreme Judicial Court · 1813
- McLain v. Carson's Ex'rSupreme Court of Arkansas · 1842
- Burr & Co. v. RossSupreme Court of Arkansas · 1857
- Zachery v. BrownSupreme Court of Arkansas · 1856
3Cited by4 opinions
- Jones v. DyerSupreme Court of Arkansas · 1909
- Rodgers v. WiseSupreme Court of Arkansas · 1913
- Morgan v. BrachSupreme Court of Minnesota · 1908
- Boutner v. KentSupreme Court of Arkansas · 1861