Jones v. Great Southern Fireproof Hotel Co.
Court of Appeals for the Sixth Circuit
Appeals from tbe Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. This is a bill to enforce the statutory lien given to persons who do labor or furnish materials for the construction or repair of any house or other building by .section 3184, Rev. St. Ohio, as amended by the act of April 13, 1894. By section 31 Si it is provided tliat “a person who performs labor, or furnishes machinery or material for constructing, altering- or…
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Appeals from tbe Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. This is a bill to enforce the statutory lien given to persons who do labor or furnish materials for the construction or repair of any house or other building by .section 3184, Rev. St. Ohio, as amended by the act of April 13, 1894. By section 31 Si it is provided tliat “a person who performs labor, or furnishes machinery or material for constructing, altering- or repairing” any house or other structure mentioned in the section, “by virtue of a contract with or at the instance of the…
1Opinion of the CourtLueton, Circuit Judge
The decision must turn here upon the constitutionality of the Ohio statute giving to subcontractors, laborers, and material men a lien upon the building and property of the owner, for labor or materials fur*372nished at the instance of the principal contractor. So much of the statute as gives a lien to complainants as subcontractors has been declared by the supreme court of Ohio to be null and void, as in conflict with the Ohio , bill of rights, which, among other things, declares that the right of “acquiring, enjoying, and possessing property” is inalienable. That decision was made in a suit to…
2Cases cited64 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Edwards v. KearzeySupreme Court of the United States · 1878
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
59 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
- English v. Olympic Auditorium, Inc.California Supreme Court · 1933
- Prince v. Neal-Millard Co.Supreme Court of Georgia · 1906
- Hartford Accident & Indemnity Co. v. N. O. Nelson Manufacturing Co.Supreme Court of the United States · 1934
- Clapp v. Otoe CountyCourt of Appeals for the Eighth Circuit · 1900
38 more not listed; retrieve them via the Exa API.