Legal Opinion

Polakow v. Rumsey

Supreme Court of Alabama

Decided February 19, 1942No. 7 Div. 681PublishedCited by 4 opinions

1Opinion of the Court

THOMAS, Justice.

The bill was filed to enforce a material-man’s lien against real estate which had been subdivided into lots. The demurrer was overruled.

The statute as now codified is to be found in Code 1940, T. 33, § 37 et seq.

In Grimsley v. First Ave. Coal & Lumber Co., 217 Ala. 159, 115 So. 90, 91, it was declared:

“The bill and its exhibit, with the usual leave of reference, constitute the pleading of complainant, and demurrer directed thereto will be so referred and tested. The exhibit attached to the bill when treated as a part thereof on demurrer in proper •circumstances aids and…

2Cases cited5 opinions

  1. Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
  2. Sturdavant v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1929
  3. Fowler v. MacKentepeSupreme Court of Alabama · 1937
  4. Bennett Realty Co. v. IsbellSupreme Court of Alabama · 1929
  5. Walker v. Scott Lumber Co.Supreme Court of Alabama · 1931

3Cited by4 opinions

  1. Cornelius v. WalkerSupreme Court of Alabama · 1946
  2. Gamble's, Inc. v. Kansas City Title Insurance Co.Supreme Court of Alabama · 1969
  3. Staley v. WoodruffSupreme Court of Alabama · 1952
  4. Covington County Bank v. R. J. Allen & Associates, Inc.District Court, M.D. Alabama · 1977

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