Atlas Powder Co. v. Denton
Supreme Court of North Carolina
ActioN, beard by Shaiv, J., upon exceptions to the report of a referee, at March Term, 1918, of Eobsyth. The plaintiff brought the action for the recovery of $1,526.67, alleged to be due by the defendants, Denton Bros. & Cagle, for materials furnished them, and which were used in the construction of the railroad belonging to the Virginia-Carolina Eailway Company, the said firm being subcontractors of the Callahan Construction Company, which held the contract with the…
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ActioN, beard by Shaiv, J., upon exceptions to the report of a referee, at March Term, 1918, of Eobsyth. The plaintiff brought the action for the recovery of $1,526.67, alleged to be due by the defendants, Denton Bros. & Cagle, for materials furnished them, and which were used in the construction of the railroad belonging to the Virginia-Carolina Eailway Company, the said firm being subcontractors of the Callahan Construction Company, which held the contract with the railroad company for the construction of a part of its road in Ashe County, in this State. An extract from that part of the…
1Opinion of the Court
"Walker, J.,
after stating the case: The contention of the defendants is that chapter 150 of Public Laws 1913 repeals sections 2021 and 2022 of the Revisal in respect to the lien of mechanics, laborers, artisans, for work and labor done in the construction or repair of a 'railroad, and of persons who furnish material for the same, and that now the only lien, and remedy to enforce it, is that given by the said act of 1913, and that as plaintiff’s notice of lien was not filed with the railroad company in this case within the time fixed by section 2018, they cannot recover; while the plaintiff…
2Cases cited1 opinion
- Borden Brick & Tile Co. v. PulleySupreme Court of North Carolina · 1915
3Cited by8 opinions
- Electric Supply Co. of Durham, Inc. v. Swain Electrical Co.Supreme Court of North Carolina · 1991
- Schnepp v. . RichardsonSupreme Court of North Carolina · 1942
- Parnell-Martin Supply Co. v. High Point Motor Lodge, Inc.Supreme Court of North Carolina · 1970
- Powell v. . Lumber Co.Supreme Court of North Carolina · 1915
- Widenhouse v. RussSupreme Court of North Carolina · 1951
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