McKenzie v. Minge
Alabama Court of Appeals
Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Action by J. T. McKenzie against John H. Minge and others to recover for work and labor done on a cotton oil plant, and to enforce mechanic’s lien thereon. Prom judgment for defendants, plaintiff appeals. A mechanic has four months within which to file his lien in the Probate office and six months within which to file his suit to enforce it.
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Appeal from Circuit Court, Marengo County; R. I. Jones, Judge. Action by J. T. McKenzie against John H. Minge and others to recover for work and labor done on a cotton oil plant, and to enforce mechanic’s lien thereon. Prom judgment for defendants, plaintiff appeals. A mechanic has four months within which to file his lien in the Probate office and six months within which to file his suit to enforce it. Sections 4758 and 4777, Code 1907. Where a plaintiff gives testimony having a tendency to prejudice him, he may show a ■general custom or usage that would absolve him. 81 Ala. 242, 1 South.…
1Opinion of the CourtMerritt, J.
The appellant brought this action against John H. Minge, Rosa A. Minge, Farmsdale Oil Mill, and Farmsdale Mill & Gin Company. The judgment was in favor of the defendants; the general affirmative charge being given in their favor. The complaint contained four counts all seeking to establish and enforce' a material-man’s lien. The plaintiff twice amended his complaint by adding certain matters in a further attempt to strengthen and establish his alleged iien. There were certain pleas in abatement filed by two of the defendants, and on submission the jury found in favor of the plaintiff on these…
2Cases cited11 opinions
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
- Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899
- Lee v. WimberlySupreme Court of Alabama · 1893
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3Cited by2 opinions
- Air Engineers, Inc. v. ReeseSupreme Court of Alabama · 1968
- Air Engineers, Inc. v. ReeseSupreme Court of Alabama · 1968