Noonan v. Hastings
Court of Appeals of Kentucky
Case 53 — PETITION EQUITY 1. A sewer is a “structure” and the stone or wooden supports to the walls thereof are “fixtures” within the meaning of sections 2463 and 2492, of the Kentucky Statutes; giving a mechanic’s lien to laborers or material-men. 2. Appellant gave notice to the city under the provision of section 2467, of the Kentucky Statutes, that the head-contractor was indebted to him as sub-contractor, and the city thereafter was bound to withhold a sufficient amount…
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Case 53 — PETITION EQUITY 1. A sewer is a “structure” and the stone or wooden supports to the walls thereof are “fixtures” within the meaning of sections 2463 and 2492, of the Kentucky Statutes; giving a mechanic’s lien to laborers or material-men. 2. Appellant gave notice to the city under the provision of section 2467, of the Kentucky Statutes, that the head-contractor was indebted to him as sub-contractor, and the city thereafter was bound to withhold a sufficient amount from that fund to pay his claim. I. No lien can be enforced against the property of a municipal corporation, which…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the oeinion oe the court.
The question involved on this appeal is whether a subcontractor may assert the lien provided for by sections 2463 and 2,467, Kentucky Statutes, as against public improvements made for a city. It is agreed on all sides that such a lien can not be enforced by a sale of the property where its use is necessary to the administration of governmental affairs; but this was held, in Roe & Lyon, &c. v. Scanlan & Co., &c., 17 Ky. Law Rep., 595, not to prevent the sub-contrator from asserting such lien so as to affect and reach moneys in the hands of the…
2Cited by7 opinions
- Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
- Allen County v. U. S. Fidelity & Guaranty CoCourt of Appeals of Kentucky · 1906
- City of Mt. Sterling v. Montgomery CountyCourt of Appeals of Kentucky · 1913
- Steele & Lebby v. Flynn-Sullivan Co.Court of Appeals of Kentucky (pre-1976) · 1932
- Dalzell v. Bourbon County Board of EducationCourt of Appeals of Kentucky · 1921
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