Nunnally v. Dorand
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried.before the Hon. James B. Head. This action was brough by the appellant, A. H. Nun-nally, against the appellees, J. PI.
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Appeal from the Circuit Court of Jefferson. Tried.before the Hon. James B. Head. This action was brough by the appellant, A. H. Nun-nally, against the appellees, J. PI. Dorand, Figh & Williams and the Mayor and Aldermen of Birmingham, to recover an amount alleged to be due for material fur-nislied by the plaintiff to J. H. Dorand, who was a subcontractor under Figh & Williams, who were original contractors with the Mayor and Aldermen of Birmgham, for the erection of a building, upon which the plaintiff seeks to enforce a material-man’s lien. It was alleged in the complaint that the Mayor and…
1Opinion of the CourtHead, J.
This cause is to be disposed of according to the mechanic’s and material-man’s lien law as found in the Code of 1886. — §§ 3018 et aeq. The lien is there made to extend to the building or improvement, the land on which the same is situated to a limited area, and on such unpaid balance as may be owing by the owner or proprietor to the original contractor. When material is furnished by a material-man to a sub-contractor, as in the present case, no lien is given by the statute, upon any balance owing by the original contractor to the subcontractor; nor can any judgment be rendered against the…
2Cited by6 opinions
- Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
- Martin v. Holtville High School Bldg.Supreme Court of Alabama · 1933
- Abell-Howe Co. v. INDUSTRIAL DEVELOPMENT BD., ETC.Court of Civil Appeals of Alabama · 1980
- Crane Co. v. Sheraton Apartments, Inc.Supreme Court of Alabama · 1952
- N. O. Nelson Mfg. Co. v. County Board of EducationSupreme Court of Alabama · 1934
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