Tisdale v. Alabama Georgia Lumber Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before tbe ITon. J. C. Kichardson. Tbis action was brought by tbe appellee, tbe Alabama & Georgia Lumber Company, against W. H. Tisdale and Fred Moesser, appellants, for the enforcement of the statutory lien against tbe property of W. H. Tisdale, as owner and proprietor, for material furnished Fred Moesser, tbe contractor.
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Appeal from tbe Circuit Court of Montgomery. Tried before tbe ITon. J. C. Kichardson. Tbis action was brought by tbe appellee, tbe Alabama & Georgia Lumber Company, against W. H. Tisdale and Fred Moesser, appellants, for the enforcement of the statutory lien against tbe property of W. H. Tisdale, as owner and proprietor, for material furnished Fred Moesser, tbe contractor. Tbe complaint, among other tilings, stated the amount of the claim, that the same was due tbe plaintiff from Fred Moesser, who was the contractor with Tisdale, tbe owner of tbe lot, and that tbe same was for materials…
1Opinion of the Court
DÓWDELL, J.
This was a suit by a material-man for the enforcement of the statutory lien against the property of the owner and proprietor for materials furnished the contractor for improvements on real estate. The complaint as amended was demurred to. The several grounds of demurrer attack the sufficiency of the averment in the complaint as to the notice ¿>iven the owner or proprietor by the material-man of his claim. The averment of the complaint in this regard is as follows: “The plaintiffs allege that on, to-wit, the 23rd day of September, 1898, they served a written notice on W. IT. Tisdale…
2Cited by5 opinions
- Roobin v. GrindleSupreme Court of Alabama · 1929
- Huffman-East Development Corp. v. Summers Electric Supply Co.Supreme Court of Alabama · 1972
- Stoughton v. Cole Supply CompanySupreme Court of Alabama · 1962
- Brown v. StateSupreme Court of Alabama · 1901
- Jordan v. SimmonsSupreme Court of Alabama · 1905