Metz v. Critcher
Supreme Court of South Carolina
Before Wilson, J., Barnwell, December, 1908. Proceeding to enforce mechanic’s lien by A. B. Metz against W. E. Critcher and W. B. Oswald.
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Before Wilson, J., Barnwell, December, 1908. Proceeding to enforce mechanic’s lien by A. B. Metz against W. E. Critcher and W. B. Oswald. From judgment for plaintiff, defendant, Oswald, appeals. cite: Judgment should not have been entered on verdict: 12 S. C., 97; 17 S. C., 421; 21 S. C., 392; 35 S. C., 417; 52 S. C., 472. No privity between Oswald and Mets: 19 S. C., 5; 16 S. C., 147. cites: As to docketing: Code of Proc., 272; Code, 1902, 3025. Contract and receipts improperly admitted: Mcplwee v. Hutchinson, 10 S. C.; 9 Cyc., 735 (c).
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The facts are thus set out in the record: “This is a proceeding -to establish and foreclose a mechanic’s lien, in which it was alleged that A. B. Metz, the petitioner, furnished material for' the erection of a building'. W. E. Critcher, one of the respondents, was the contractor, and the respondent, W. B. Oswald, was the owner of the lot upon which the building was erected. The respondent, W. E. Critcher, made no defense, but W. B. Oswald, the owner, interposed a demurrer, that the petition failed to state a cause of action against…
2Cases cited1 opinion
- Tenney v. Anderson Water, Light & Power Co.Supreme Court of South Carolina · 1903
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- Stone & Clamp, General Contractors v. HOLMESSupreme Court of South Carolina · 1950
- Karl Sitte Plumbing Co. v. Darby Development Co.Court of Appeals of South Carolina · 1988
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