DeMarsh v. Landreth

(specially concurring)

I concur in the result only.

Section 61-3-1 of the mechanic’s lien law is constitutional. Section 61-3-11 is constitutional where procedure used is in the nature of chattel mortgage foreclosure. I hold that defendant was entitled to judgment on the pleadings. To arrive at this conclusion, it is necessary to analyze the pleadings, the decision and judgment of the trial court.

A.Plaintiffs Complaint

Plaintiff sought damages for conversion of his automobile by defendant. Defendant had a valid mechanic’s lien, retained possession, and refused to surrender it. Plaintiff’s claim…