Seibs v. Engelhardt
Supreme Court of Alabama
Appisai, from the Circuit Court- of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by John II.
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Appisai, from the Circuit Court- of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by John II. Engelhardt against J. CA Seibs, to enforce a statutory lien on a dwelling-house in the city of Montgomery, for work done and materials furnished by plaintiff in its construction; and was commenced on the 16th August, 1884. On the trial, as the judgment-entry of June 23d, 1885, recites, the plaintiff was allowed to amend his summons and complaint, by making Mrs. A. E. IT. Soibs, the wife of said J. G-. Seibs, a party defendant with her' husband ; to the allowance of which…
1Opinion of the CourtStone, C. J.
Section 3457 of the Code of 1876 provides, that “ every person, except the original contractor, who may wish to avail himself of the benefits of the provisions of this chapter [Liens of Mechanics] shall give ten days notice before filing of the lien, as herein required, to the owner or his agent, or to either of them, that he holds a claim against such building or improvement, setting forth the amount, and from whom it is due, and for what.” There can be no question that this notice must be in writing. The words “setting forth the amount,” &c., clearly imply-that. The meaning of the word “…
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