Shelby Contracting Co. v. Pizitz

COLEMAN, Justice.

Complainant, a corporation, filed its bill of complaint seeking to establish and enforce a mechanic’s lien. The court sustained a demurrer to the bill as amended and complainant moved to dismiss the bill as provided by § 755, Title 7, Code 1940, as amended by Act No. 72, approved September 15, 1961; 1961 Acts, Vol. II, page 1947.

From the decree granting complainant’s motion to dismiss, complainant appeals. The error complained of is the decree of the court sustaining the demurrer to the bill.

The question for decision is whether the allegations of the bill show that…