Reid v. Gregory
Mississippi Supreme Court
From the circuit court of Warren county. Hon. William K. McLaurin, Judge. Gregory, the appellee, was the plaintiff in the court below; Reid, the appellant, and one Gray and wife were defendants there. The suit was to enforce a mechanic’s lien.
Read the full summary
From the circuit court of Warren county. Hon. William K. McLaurin, Judge. Gregory, the appellee, was the plaintiff in the court below; Reid, the appellant, and one Gray and wife were defendants there. The suit was to enforce a mechanic’s lien. The petition averred that Gregory, the plaintiff, was a brickmason, plasterer, etc., and that he did work upon and furnished material for a brick house erected by Gray and wife, upon which he claimed a lien, and that the house was erected on lands purchased by Gray and wife from Reid. The petition further averred that Reid, the appellant, also claimed a…
1Opinion of the CourtW hitfield, C. J.
There is no allegation in the petition that the lien of appellee was superior to the lien of appellant. .The prayer cannot be looked to, to sustain-a judgment by default, on the allegations of the petition. Such petition, not its prayer, is the basis of the claim, and a judgment by default must be confined to establishing the facts alleged in the petition. The judgment by default here-is not within any issue made by the pleadings, and is erroneous for that reason. Green v. Chandler, 54 Cal. 626, and Keller v. Association, 71 Mo. App., 465, cited by counsel for appellant, directly sustain this…
2Cases cited4 opinions
- Short v. NoonerSupreme Court of Kansas · 1876
- Delahay v. GoldieSupreme Court of Kansas · 1876
- Green v. ChandlerCalifornia Supreme Court · 1880
- H. Keller & Co. v. Carterville Building & Loan Ass'nMissouri Court of Appeals · 1897
3Cited by3 opinions
- Mutual Ben. Health & Accident Ass'n v. CrowderMississippi Supreme Court · 1947
- Wilson v. TerryMississippi Supreme Court · 1953
- American Nat. Ins. Co. of Galveston v. GoldenMississippi Supreme Court · 1923