Birmingham Building & Loan Ass'n v. May & Thomas Hardware Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard, before the Hon. W. W. Wilkerson. The bill in this ease was filed on the 4th November, 1892, by the May & Thomas Hardware Company, a private corporation, against the Birmingham Building & Loan Association, also a private corporation, and S. B. Ethridge.
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Appeal from the City Court of Birmingham, in equity. Heard, before the Hon. W. W. Wilkerson. The bill in this ease was filed on the 4th November, 1892, by the May & Thomas Hardware Company, a private corporation, against the Birmingham Building & Loan Association, also a private corporation, and S. B. Ethridge. The facts are thus stated by Haralson, J.: “ The allegations of the bill as amended show, that the May & Thomas Hardware Company, a body corporate, furnished to the defendant, S. B. Ethridge, by contract with, him, building materials, for buildings and improvements on certain lots of…
1Opinion of the CourtHabalson, J.
Chapter 3, Part 3, Title 2 of the Code of 1886, headed,'“Liens of mechanics and material-men,” provid*278ed a system of statutory law on that subject, comprising 31 sections, from 3018 to 3048, inclusive. On the 12th February, 1891, the legislature passed “An act to provide liens for mechanics and material-men, and to repeal sections 3018, 3022, 3025, 3026, 3028, 3041 of the Code, and section 3027, as amended by the acts of 1888-89.” — Acts 1890-91, pp. .578-80. These sections, seven in number, were parts of this general mechanics’, and material-men’s lien law, leaving 24 of its sections still of…
2Cases cited1 opinion
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
3Cited by11 opinions
- Bailey Mortg. Co. v. Gobble-Fite Lumber Co.Supreme Court of Alabama · 1990
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
- Greil Bros. v. City of MontgomerySupreme Court of Alabama · 1913
- Jefferson County Savings Bank v. Ben F. Barbour P. & E. Co.Supreme Court of Alabama · 1915
- Baker Sand & Gravel Co. v. Rogers Plumbing & Heating Co.Supreme Court of Alabama · 1934
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