Davis Co., Inc. v. Guaranty Bank

Smith, C. J.,

delivered a dissenting opinion.

Judge Anderson, who joins me herein, and I are of the opinion that sections 2275 and 2276, Code of 1930, have no application here, and that the rights of the several parties hereto are governed by section 5971, Code of 1930. Sections 2274 to 2280, inclusive, constitute the statutory scheme for securing the payment to subcontractors, laborers, and materialmen of the money due them in the construction of privately owned buildings or works, and article 6 of the chapter on Public Works, Code of 1930, in which section 5971 appears, is the statutory…