Wilbourne v. Mann
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Suit by Felton Mann and others against Elizabeth P. Wilbourne and others. Decree for plaintiffs, and defendants appeal.
1Opinion of the CourtThomas, J.
The bill was to enforce a mechanic’s lien on real properties subject to mortgage.
[1] The mortgagee, appearing (in equity) by demurrer and answer, demanded a trial by jury of the questions “of fact involved,” which request was not granted by the court. It was not a case where such demand may be made as a matter of right. Code, 1907, § 3201; Ex parte Baader, 77 South. 370; 1 A., T. & N. Ry. Co. v. Aliceville Lumber Co., 74 South. 441; 2 Rice v. Tobias, 83 Ala. 348, 3 South. 670; Hill v. Barge, 12 Ala. 687; Adams v. Munter, 74 Ala. 338; Mathews v. Forniss, 91 Ala. 157, 8 South. 661; Mc-Cutchen…
2Cases cited28 opinions
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- McDuffie v. Lynchburg Shoe Co.Supreme Court of Alabama · 1912
- Baader v. StateSupreme Court of Alabama · 1917
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- McCutchen v. LogginsSupreme Court of Alabama · 1895
23 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Redd Bros. v. ToddSupreme Court of Alabama · 1922
- Ingram v. HowardSupreme Court of Alabama · 1930
- Lucas v. ScottSupreme Court of Alabama · 1945
- Becker Roofing Co. v. WysingerSupreme Court of Alabama · 1929
- Snellings Lumber Co. v. PorterSupreme Court of Alabama · 1932
6 more not listed; retrieve them via the Exa API.