Martin v. Blytheville Water Co.
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Chickasawba District; Charles D. Frierson, Chancellor; STATEMENT BY THE COURT. On May 28,1913, appellants, as holders of first mortgage bonds -of the Blytheville Water Company, instituted this action in the chancery court against that company and others to foreclose a mortgage on the properties of said company, and, on the same day, a receiver was appointed to take charge of its property and assets.
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Appeal from Mississippi Chancery Court, Chickasawba District; Charles D. Frierson, Chancellor; STATEMENT BY THE COURT. On May 28,1913, appellants, as holders of first mortgage bonds -of the Blytheville Water Company, instituted this action in the chancery court against that company and others to foreclose a mortgage on the properties of said company, and, on the same day, a receiver was appointed to take charge of its property and assets. On the 3d day of February, 1914, Joe Boeder filed an intervention in said action and asked for judgment against the receiver in the sum of $162.90 for work…
1Opinion of the Court
Hart, J.,
(after stating the facts). The agreed statement of facts shows that the work for which the intervener attempted to assert a lien was done in March, 1913, , and that the amount claimed was due him when the work was done. Section 4981 of Kirby’s Digest, provides, in effect, that it shall be the duty of every person who wishes to avail himself of the mechanic’s lien act to file with the clerk of the circuit court of the county in which the erection to be charged with the lien is situated and within ninety days after the work is done a just and true account of the demand owing to him.…
2Cases cited8 opinions
- Kizer Lumber Co. v. MoselySupreme Court of Arkansas · 1892
- Murray v. RapleySupreme Court of Arkansas · 1875
- Withrow Lumber Co. v. Glasgow Inv. Co.Court of Appeals for the Fourth Circuit · 1900
- Buchanan v. HicksSupreme Court of Arkansas · 1911
- Arkansas Cypress Shingle Co. v. Meto Valley Railway Co.Supreme Court of Arkansas · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sims v. HammonsSupreme Court of Arkansas · 1922
- Carr v. Hahn & CarterSupreme Court of Arkansas · 1917
- Sutton v. McClainSupreme Court of Arkansas · 1936
- Drum v. McDanielSupreme Court of Arkansas · 1949
- Young Men's Building Ass'n v. WareSupreme Court of Arkansas · 1923
5 more not listed; retrieve them via the Exa API.