Cook v. Rome Brick Co.
Supreme Court of Alabama
Appeal from DeKalb Circuit Court. Tried before tbe Hon. JOHN B. Tally. This action was brought by the Borne Brick Company against E. B. Cook aud J. D. Balls, and Smith & Spencer to declare and enforce a lien claimed by the plaintiff for certain car-loads of brick furnished to said Smith & Spencer, contractors, to be used in the erection of a brick house for E. B. Cook and J. D. Balls, in the town of Port Payne.
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Appeal from DeKalb Circuit Court. Tried before tbe Hon. JOHN B. Tally. This action was brought by the Borne Brick Company against E. B. Cook aud J. D. Balls, and Smith & Spencer to declare and enforce a lien claimed by the plaintiff for certain car-loads of brick furnished to said Smith & Spencer, contractors, to be used in the erection of a brick house for E. B. Cook and J. D. Balls, in the town of Port Payne. The suit was begun before the passage of the act of Eeb. 12,1892, (in 1889.) The complaint is substantially ’ set out in the opinion of the court. The defendants demurred to the…
1Opinion of the CourtMcCLELLAN, J.
The averments of the complaint, which are intended to make a case for the declaration and enforcement in plaintiff’s favor of a materialman’s lien on the building of Cook & Balls in which the brick supplied by plaintiff were used, and on the lot upon which said building is situated, are the following: “The plaintiff, The Borne Brick Company, a body corporate under the laws of Georgia, claims of the defendants (Smith & Spencer and E. B. Cook and J. D. Balls) $340. G5, due by account made on the -- day of March, 1889,-day of April, 1889, and-day of May, 1889, with the interest thereon, by Smith…
2Cases cited5 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Tyler v. JewettSupreme Court of Alabama · 1886
- Christian v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1889
- Eufaula Water Co. v. Addyston Pipe & Steel Co.Supreme Court of Alabama · 1889
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- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Emanuel v. Underwood Coal & Supply Co.Supreme Court of Alabama · 1943
- Ewart Lumber Co. v. American Cement Plaster Co.Alabama Court of Appeals · 1913
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