Turcott v. Hall
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. This was an action of assumpsit at the suit oí the plaintiff in error. The declaration contains the common counts; in the first of which it is stated that the work and labor done by the plaintiff was in the erection of a dwelling house in the city of Mobile, “ executed under a contract between the said defendant and one Jas. S. Deas, for the said defendant, and at his special instance and request.”
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Writ of Error to the Circuit Court of Mobile. This was an action of assumpsit at the suit oí the plaintiff in error. The declaration contains the common counts; in the first of which it is stated that the work and labor done by the plaintiff was in the erection of a dwelling house in the city of Mobile, “ executed under a contract between the said defendant and one Jas. S. Deas, for the said defendant, and at his special instance and request.” To the first count there was a demurrer, and to the others the defendant pleaded non assumpsit. No notice was taken of the demurrer, but the cause was…
1Opinion of the CourtCollier, C. J.
It is conceded that this action is sustainable under the act of the 9th December, 1841, ‘-For the better securing Mechanics in the city and ’county of Mobile.” The first section of that act provides, that every mechanic, workman, or other person; doing or performing any work'towards the erection, or construction, of any building in the city or county of Mobile, or who may have furnished materials of any description for the same, erected under a contract in writing, or otherwise, between the owner and builder, whether such work shall he performed as journeyman, laborer, cartman, sub-contractor…
2Cases cited1 opinion
- Wood v. DonaldsonNew York Supreme Court · 1837
3Cited by3 opinions
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- Jones v. GrahamSupreme Court of Alabama · 1854