Buckley v. Taylor
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Fort Smith District. This was an action to enforce a mechanic’s lien for labor performed by the plaintiff, on a building erected on the defendant’s lot. The work for which the lien was claimed, was done by the plaintiff as the employee of one Stultz, who was the principal contractor. Stultz abandoned the work and disappeared before the building was completed.
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APPEAL from Sebastian Circuit Court, Fort Smith District. This was an action to enforce a mechanic’s lien for labor performed by the plaintiff, on a building erected on the defendant’s lot. The work for which the lien was claimed, was done by the plaintiff as the employee of one Stultz, who was the principal contractor. Stultz abandoned the work and disappeared before the building was completed. The defendant, by his answer, denies that he was notified of the plaintiff’s intention to work on the building. He also denies that a copy of the plaintiff’s account was filed with the circuit clerk…
1Opinion of the CourtCockrill, C. J.
1. Mechanic’s Lien: Right of subcontractor. Every person entitled to a mechanic’s lien is a contractor or a sub-contractor within the meaning of these terms as used in the mechanic’s lien act. One who performs labor for a contractor is a sub-contractor, [Mansf. Dig., sec. 4422], and is entitled to the benefits of the act on complying with its provisions in reference to sub-contractors. If his labor has been done upon the improvement after notice to the owner or proprietor of his intention so to labor and of the probable value thereof as contemplated by sec. 4403 of Mansfield’s Digest,…
2Cited by12 opinions
- Central Trust Co. v. CondonCourt of Appeals for the Sixth Circuit · 1895
- United States v. Westmoreland Manganese Corp.District Court, E.D. Arkansas · 1955
- Peaceable Creek Coal Co. v. JacksonSupreme Court of Oklahoma · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. LoveSupreme Court of Arkansas · 1905
- Fine v. Dyke Bros.Supreme Court of Arkansas · 1927
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