Huntington Plumbing & Supply Co. v. McGuffin
West Virginia Supreme Court
Appeal from Circuit Court, Payette County. Suit by Huntington Plumbing & 'Supply Company against John A. McGuffin and others. Prom decree for defendants, plaintiff appeals.
1Opinion of the Court
MlLLER, PRESIDENT:
In a suit to enforce a mechanic’s or materialman’s lien, the first point made for appellees in support of the. decree appealed from is, that the suit was barred, not at the time it was originally brought, but at the time the bill was amended bringing in the principal contractor as a necessary defendant. That the principal contractor is a necessary party we decided in Augir v. Warder, 68 W. Va. 752, and the decree was reversed. But when the ease came up again, on the point here presented, we decided that such amendment does not prejudice the owner of the property, and that…
2Cases cited5 opinions
- Lane & Bodley Co. v. JonesSupreme Court of Alabama · 1885
- Augir v. WarderWest Virginia Supreme Court · 1911
- Worthen v. CleavelandMassachusetts Supreme Judicial Court · 1880
- Thorn v. BarringerWest Virginia Supreme Court · 1914
- Augir v. WarderWest Virginia Supreme Court · 1914
3Cited by6 opinions
- Grafton Hotel Co. v. WalshCourt of Appeals for the Fourth Circuit · 1915
- Jackson v. JacksonWest Virginia Supreme Court · 1919
- W. Bateson & Co. v. Baldwin Forging & Tool Co.West Virginia Supreme Court · 1915
- Gist v. Virginian Railway Co.West Virginia Supreme Court · 1916
- Pittsburgh Steel Product Co. v. Huntington Masonic Temple Ass'nWest Virginia Supreme Court · 1917
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