Cruce v. Mitchell
Supreme Court of Arkansas
Appeal from Conway Circuit Court; M. L. Davis, Judge; STATEMENT BY THE COURT. Appellee instituted this suit against appellant to recover judgment and to enforce a materialman’s lien against certain buildings and the land upon which the same were situated in the town of Morrilton, Arkansas.
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Appeal from Conway Circuit Court; M. L. Davis, Judge; STATEMENT BY THE COURT. Appellee instituted this suit against appellant to recover judgment and to enforce a materialman’s lien against certain buildings and the land upon which the same were situated in the town of Morrilton, Arkansas. The appellee .alleged in his complaint that he was the owner of the firm of E. E. Mitchell & Co.; that the firm, on the dates and in the manner set out, in an itemized •statement made a part of the complaint, sold to contractors John Patton, Jim Hanna and Jim. Scanlan, who erected the C. E. Cruce ’building…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1). The question presented by this appeal is whether or not the original contractors are necessary parties in a suit by a material man against the owner to have a lien declared ;and enforced on a building for the erection of which material has been furnished. The question is settled by the recent case of Simpson v. J. W. Black Lumber Co., 114 Ark. 464, 172 S. W. 883. In that case after setting out the statute (Kirby’s Digest, § 4978) making it the duty of the contractor to defend at his own expense any action brought by any person other than the contractor…
2Cases cited2 opinions
- Simpson v. J. W. Black Lumber Co.Supreme Court of Arkansas · 1914
- Dickerson v. HambySupreme Court of Arkansas · 1910
3Cited by9 opinions
- Burks v. SimsSupreme Court of Arkansas · 1959
- Cleveland v. BiggersSupreme Court of Arkansas · 1924
- Robinson v. City of Pine BluffSupreme Court of Arkansas · 1955
- People's Building & Loan Ass'n v. Leslie Lumber Co.Supreme Court of Arkansas · 1931
- Hess v. A. L. Ferguson Lumber Co.Supreme Court of Arkansas · 1922
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