Charleston Lumber & Manufacturing Co. v. Brockmyer
West Virginia Supreme Court
Appeal from and supersedeas to two decrees of the circuit court of the county of Kanawha, rendered on the 6th day of January, 1876, and on the 10th day of June, 1878, in a cause in said court then pending, wherein the Charleston Lumber and Manufacturing Company was plaintiff and C. A. Brock-myer and otheis were defendants, allowed upon the petition of said Company.
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Appeal from and supersedeas to two decrees of the circuit court of the county of Kanawha, rendered on the 6th day of January, 1876, and on the 10th day of June, 1878, in a cause in said court then pending, wherein the Charleston Lumber and Manufacturing Company was plaintiff and C. A. Brock-myer and otheis were defendants, allowed upon the petition of said Company. Hon. Joseph Smith, judge of the seventh judicial circuit, rendered the decrees appealed from. . Greek, Judge, furnishes the following statement of the. case : The Charleston Lumber and Manufacturing Company at April rules, 1875,…
1Judgment of the CourtGreek, Judge
This case involves an enquiry into the extent and character of the mechanic’s lien under our statute, chapter 139 of Acts *5911872-3. The statute itself 2d section, page 460 provides expressly, that “ such lien shall have priority over every lien created by deed or otherwise on such house or other building and appurtenances and the lots, on which the same are erected, subsequent to the time when such labor shall be performed and material furnished.” This would, it seems to me, by its clear language give a lien from the time when the labor commenced on the buildings or the material commenced…
2Cases cited7 opinions
- Rollin v. . CrossNew York Court of Appeals · 1871
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
- Hilton v. MerrillMassachusetts Supreme Judicial Court · 1871
- Loonie v. . HoganNew York Court of Appeals · 1854
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3Cited by15 opinions
- Salzer Lumber Co. v. ClaflinNorth Dakota Supreme Court · 1907
- United States Blowpipe Co. v. SpencerWest Virginia Supreme Court · 1895
- Cushwa v. Improvement L. & B. Ass'nWest Virginia Supreme Court · 1898
- Van Winkle v. BlackfordWest Virginia Supreme Court · 1886
- Phillips v. GravesOregon Supreme Court · 1931
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