Pfeiffer Stone Co. v. Brogdon
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene H. Coleman, Judge; Suit was commenced in this ease within ninety days from the time the last material was furnished. That dispensed with the necessity of giving the ten days’ notice to the owner, and of filing the account upon which the lien is claimed with the circuit clerk. 114 Ark. 464. One who seeks to avail himself of the mechanic’s lien law, must bring himself within the letter of the statute.
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Appeal from Independence Circuit Court; Dene H. Coleman, Judge; Suit was commenced in this ease within ninety days from the time the last material was furnished. That dispensed with the necessity of giving the ten days’ notice to the owner, and of filing the account upon which the lien is claimed with the circuit clerk. 114 Ark. 464. One who seeks to avail himself of the mechanic’s lien law, must bring himself within the letter of the statute. Kirby’s Dig., § 4970; 102 Ark. 539; 119 Ark. 43. See, also, Kirby’s Dig., §§ 4985, 4981, 4976. This Court has held that a proper complaint, with a…
1Opinion of the CourtSmith, J.
Appellants brought this action to enforce a lien under Sections'4 and 5 of Act No. 446 of the Acts of 1911, page 462, for material furnished to the contractors and used by them in the building of a church. The ten days’ notice required under Section 4976 of Kirby’s Digest was not given, but before the expiration of the ninety days allowed by law for the enforcement of liens of this character appellants brou’ght this suit on this account for the material furnished. It was alleged that the bond provided for by the Act of 1911 above referred to had not then been given. The complaint alleged that…
2Cases cited1 opinion
- Simpson v. J. W. Black Lumber Co.Supreme Court of Arkansas · 1914
3Cited by8 opinions
- Burks v. SimsSupreme Court of Arkansas · 1959
- Plant v. Cameron Feed MillsSupreme Court of Arkansas · 1958
- Wiggins v. SEARCY FEDERAL SAVINGS & LOAN ASS'NSupreme Court of Arkansas · 1972
- Morrilton Ice & Fuel Co. v. MontgomerySupreme Court of Arkansas · 1930
- Hirsch v. FarrisSupreme Court of Arkansas · 1927
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