Mathis v. Holman
Supreme Court of Alabama
Appeal from Circuit Court, Dale County; J. S. Williams, Judge. Bill by Eugene Mathis against T. Allen Holman to enforce a lien for work done and materials furnished in the repair of an automobile. From a decree sustaining demurrer to the bill, complainant appeals.
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Appeal from Circuit Court, Dale County; J. S. Williams, Judge. Bill by Eugene Mathis against T. Allen Holman to enforce a lien for work done and materials furnished in the repair of an automobile. From a decree sustaining demurrer to the bill, complainant appeals. The case made by the bill is that respondent brought his'car to complainant and entered into a contract with him to paint his car, put on a top and side curtains, and after-wards, and before the work was finished, directed complainant to do some other work, not in the original contract; that the original contract called for a…
1Opinion of the CourtSomerville, J.
Appellant filed his bill in equity to enforce a mechanic’s lien for labor and materials furnished in repairing an automobile. A demurrer for want of equity in the bill was sustained by the trial court, on the theory that equitable jurisdiction for the enforcement of statutory liens, for which the statute gives a specific remedy at law, depends upon the existence of some special ground of equitable cognizance.
Such has, indeed, been the rule in this state. Chandler v. Hanna, 73 Ala. 390. As to mechanics’ and materialmen’s- liens under section 4754 of the Code, full concurrent jurisdiction was…
2Cases cited4 opinions
- Chandler v. HannaSupreme Court of Alabama · 1882
- B. C. Bynum Mercantile Co. v. First National BankSupreme Court of Alabama · 1914
- Pearce v. Brilliant Coal Co.Supreme Court of Alabama · 1917
- Henderson v. Steiner-Lobman Dry Goods Co.Supreme Court of Alabama · 1918
3Cited by8 opinions
- Baker Sand & Gravel Co. v. Rogers Plumbing & Heating Co.Supreme Court of Alabama · 1934
- United States Fidelity & Guaranty Co. v. First Nat. Bank of LincolnSupreme Court of Alabama · 1932
- Wise v. StateSupreme Court of Alabama · 1922
- Cumens v. GarrettSupreme Court of Alabama · 1975
- Russell v. ThorntonSupreme Court of Alabama · 1927
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