Cooley v. Black
Court of Appeals of Kentucky
Care 31 — EQUITY 1. The judgment below was wrong in adjudging to Black a lien^ superior to that of Cooley upon the hotel and lot for material furnished and labor done. Gen. St., Chap. 70, Art. 1, Secs. 1, 2, 3, 9 and 14; Trustees Caldwell Institute v. Young, 2 Duv., 582; Nazareth, &c. Inst. v. Lowe, &c., 1 B. M., 257; Foushee, &c. v. Grigsby, &c., 12 Bush, 75; Brown v. Story’s Admr., 4 Met., 316. 2. The action was prematurely submitted.
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Care 31 — EQUITY 1. The judgment below was wrong in adjudging to Black a lien^ superior to that of Cooley upon the hotel and lot for material furnished and labor done. Gen. St., Chap. 70, Art. 1, Secs. 1, 2, 3, 9 and 14; Trustees Caldwell Institute v. Young, 2 Duv., 582; Nazareth, &c. Inst. v. Lowe, &c., 1 B. M., 257; Foushee, &c. v. Grigsby, &c., 12 Bush, 75; Brown v. Story’s Admr., 4 Met., 316. 2. The action was prematurely submitted. Civil Code, Sec. 164; and the judge had no power to enter judgment after the term had closed. Bennett v. Tierney, &c., 78 Ky., 580; Raymond, &e. v. Smith,…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
This action arose under section 1, art. 1, c. 70, Gen. Stat., which reads as follows: “A person who performs labor, or furnishes materials in the erection, altering, or repairing a house, building, or other structure, or for any fixture or machinery therein, or for the excavation of cellars, cisterns, vaults, wells, or for the improvement, in any manner, of real estate by contract with or by the written con*269sent of the owner, shall have a lien thereon and upon the land upon which such improvements may have been made, or on any interest such owner…
2Cases cited1 opinion
- Arnold's Ex'rs v. Arnold's Adm'rCourt of Appeals of Kentucky · 1850
3Cited by5 opinions
- Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
- Kentucky Lumber & Mill Work Co. v. Kentucky Title Savings Bank & Trust Co.Court of Appeals of Kentucky · 1919
- Kentucky Bonding Co. v. CommonwealthCourt of Appeals of Kentucky · 1918
- Turner v. RandolphCourt of Appeals of Kentucky (pre-1976) · 1926
- Spinks Co., Inc. v. Pachoud Bros.Court of Appeals of Kentucky (pre-1976) · 1936