Legal Opinion

Brown v. Smith

West Virginia Supreme Court

Decided September 3, 1919PublishedCited by 2 opinions

Case Certified from Circuit Court, Wood County. Bill by O. M. Brown against W. H. Smith to enforce a aneehanic’s lien. Demurrer overruled, and questions certified •by' the circuit court.

1Opinion of the Court

‘Williams, Judge:

Plaintiff filed his bill to enforce a mechanic’s lien against «certain property of defendant, and the bill was demurred to ■on the following grounds: First, because the lien set up «does not show that plaintiff is entitled to a lien for the amount of money claimed by' him, the notice given and exhibited with the bill omitting the word “dollars” in the statement •of the amount claimed as a lien; and, Second, because the recorded • notice of lien is not according to the form pre-scribed by the mechanic’s lien statute. The court overruled the demurrer and, under the provisions…

2Cases cited2 opinions

  1. Gist v. Virginian Railway Co.West Virginia Supreme Court · 1916
  2. Augir v. WarderWest Virginia Supreme Court · 1914

3Cited by2 opinions

  1. Poole v. BellerWest Virginia Supreme Court · 1927
  2. Walker v. City of MorgantownWest Virginia Supreme Court · 1952

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