McAnally v. Hawkins Lumber Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action by Harry Hawkins and John Hawkins, partners composing the firm of Hawkins Lumber Company, against Patrick McAnally and Catherine Me Anally.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action by Harry Hawkins and John Hawkins, partners composing the firm of Hawkins Lumber Company, against Patrick McAnally and Catherine Me Anally. The complaint'claimed $58,39 due for material furnished by the plaintiff at the request of the defendants, which was used in building and improving certain houses on block 458 in the city of Birmingham; and, also, a lien on said lot and buildings for the sum sued for, and the further sum of $25, as an attorney’s fee. The defendants pleaded the general…
1Opinion of the CourtHaralson, J.
There was no error in sustaining a demurrer to the second plea. A claim of homestead exemption cannot be asserted against a mechanic’s or material, man’s lien, whether the lien be created by contract, or arise under statutory provisions, (Tyler v. Jewett,, 82 Ala. 93 ; Code §§ 2509, 3010, 3046) ; and a married woman, under the present statutes, regulating her liability (Code, §§ 2341-2356), may create a valid lien on her property, in favor of a mechanic or material man, by her own verbal contract, without the assent or concurrence of her husband. — Cutliff v. McAnally, 88 Ala. 507; Wadsworth…
2Cases cited11 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
- Tyler v. JewettSupreme Court of Alabama · 1886
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Garrison v. Hawkins-Lumber Co.Supreme Court of Alabama · 1895
- Bowdon Lime Works v. MossAlabama Court of Appeals · 1915
- Redmond & Co. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1908
- York v. StateSupreme Court of Alabama · 1908
8 more not listed; retrieve them via the Exa API.