Lever Transp. Co. v. Standard Supply Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County ; Saifold Berney, Judge. Bill by the Standard Supply Company against the Mississippi Shipbuilding Corporation and the Lever Transportation Company, to enforce a lien, under section 3085 ,of the Mississippi Code, for materials and supplies furnished in. the construction of a vessel. From a decree overruling demurrers to the bill, respondents appeal.
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Appeal from Circuit Court, Mobile County ; Saifold Berney, Judge. Bill by the Standard Supply Company against the Mississippi Shipbuilding Corporation and the Lever Transportation Company, to enforce a lien, under section 3085 ,of the Mississippi Code, for materials and supplies furnished in. the construction of a vessel. From a decree overruling demurrers to the bill, respondents appeal. It is- thoroughly settled in Mississippi that the lien provided attaches only when the supplies are furnished under a contract with its owner. 77 Miss. 912, 28 South. 720; 90 Miss. 737, 44 South. 65; 61…
1Opinion of the CourtThomas, J.
[1] A bill was filed in Mobile county to' enforce a materialman’s lien for supplies and materials furnished and used for original construction in the building - of the schooner Elizabeth Ruth. A case pertaining to the sam'e vessel and materials furnished and used in its construction at Mobile is Lever Transportation Co. v. Ollinger, 87 South. 597, 1 decided at this term, where the question of jurisdiction under the Alabama statute was declared. The observations made of the Alabama statute (Code, § 4790), under the former construction placed thereon by this court, and its limitation to…
2Cases cited28 opinions
- The LottawannaSupreme Court of the United States · 1875
- North Pacific Steamship Co. v. Hall Bros. Marine Railway & Shipbuilding Co.Supreme Court of the United States · 1919
- The BelfastSupreme Court of the United States · 1869
- Edwards v. ElliottSupreme Court of the United States · 1874
- People's Ferry Company of Boston v. BeersSupreme Court of the United States · 1858
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