Legal Opinion

Richardson v. Warwick

Mississippi Supreme Court

Decided January 15, 1843PublishedCited by 2 opinions

APPEAL from the circuit court of the county of Wilkinson. Warwick & Ray filed their petition against Richardson, under the act of 1840, to enforce a mechanic’s lien to a certain tract of land, and a gin house built thereon by them. The petitioner’s alleged that the house was built by them in pursuance of the terms of a contract made with Richardson, which was set out in the petition.

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APPEAL from the circuit court of the county of Wilkinson. Warwick & Ray filed their petition against Richardson, under the act of 1840, to enforce a mechanic’s lien to a certain tract of land, and a gin house built thereon by them. The petitioner’s alleged that the house was built by them in pursuance of the terms of a contract made with Richardson, which was set out in the petition. Petition averred that the labor bestowed, and materials furnished, amounted to twelve hundred and eighty-two dollars. The account filed with the petition, containing a statement of the items, contained charges…

1Opinion of the CourtJustice Clayton

This was a petition filed by the appellees, under the act of 1840' to enforce their lien for work done as mechanics, upon a gin house and tract of land of the appellant.

It is objected on the part of the appellant, that if the right of the petitioners under this act to enforce their lien is purely legal, and the mode of proceeding prescribed is at law, then the statute is unconstitutional, because by inference and implication it takes away the trial by jury. If the mode of proceeding is an equitable one, that then the judgment must .be reversed, because the mode pursued is against the…

2Cases cited1 opinion

  1. Haswell v. GoodchildNew York Supreme Court · 1834

3Cited by2 opinions

  1. Ralph H. McBroom v. Jackson County, MississippiMississippi Supreme Court · 2014
  2. Ralph H. McBroom v. Jackson County, MississippiMississippi Supreme Court · 2014

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