St. Louis, Iron Mountain & Southern Railway Co. v. Love
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. STATEMENT BY THE' COURT. Appellee sued J. E. Ryman and appellant railway company to. recover for work done for and materials 'furnished to said Lyman under contract between Lyman and the railway company in repairing and rebuilding certain parts of its roadbed, and to enforce a lien upon the property of the appellant company, as provided by law.
Read the full summary
Appeal from Jefferson Circuit Court. STATEMENT BY THE' COURT. Appellee sued J. E. Ryman and appellant railway company to. recover for work done for and materials 'furnished to said Lyman under contract between Lyman and the railway company in repairing and rebuilding certain parts of its roadbed, and to enforce a lien upon the property of the appellant company, as provided by law. The complaint sets forth accounts for labor alleged to have been performed and material furnished during the months of September and October, 1900, at Tuckerman, Arkansas, showing balance of $8,204.15 unpaid,…
1Opinion of the Court
McCueeoch, J.,
(after stating the facts.) 1. Appellant contends that the court erred in declaring a lien against its property before there had been a personal judgment rendered against the contractor who was the principal debtor of the plaintiff. No personal judgment was rendered against Lyman, but the amount due was ascertained, and the same was declared a lien.
The statute regulating the enforcement of liens upon the property of railroad companies reads as follows:
“The said liens shall be mentioned in the judgment rendered for claimant in the ordinary suit for the claim, or in any order of…
2Cases cited16 opinions
- Stryker v. . CassidyNew York Court of Appeals · 1879
- Basshor v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1886
- Giant-Powder Co. v. Oregon Pac. Ry. Co.District Court, D. Oregon · 1890
- Steinmann v. StrimpleMissouri Court of Appeals · 1888
- Eastern Arkansas Hedge Fence Co. v. TannerSupreme Court of Arkansas · 1899
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Jones v. StateSupreme Court of Arkansas · 1912
- Fine v. Dyke Bros.Supreme Court of Arkansas · 1927
- Pierce Oil Corporation v. ParkerSupreme Court of Arkansas · 1925
- Dawson v. Northwestern Contruction Co.Supreme Court of Minnesota · 1917
- State ex rel. Norwood v. Kansas City & Memphis Railway & Bridge Co.Supreme Court of Arkansas · 1913
15 more not listed; retrieve them via the Exa API.