Boston & Co. v. C. & O. R. R.
Supreme Court of Virginia
Appeal from decree of circuit court of Bichmond city in suit of John T. Boston & Co. v. Chesapeake and Ohio Bail-road Company. The bill was first filed in the chancery court of said city, then removed to the circuit court of Henrico county, and thence to the circuit court of said city, where was then pending a suit for the foreclosure of certain mortgages on the property, franchises, &c., of said company, and in suit plaintiffs were allowed to assert their claim.
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Appeal from decree of circuit court of Bichmond city in suit of John T. Boston & Co. v. Chesapeake and Ohio Bail-road Company. The bill was first filed in the chancery court of said city, then removed to the circuit court of Henrico county, and thence to the circuit court of said city, where was then pending a suit for the foreclosure of certain mortgages on the property, franchises, &c., of said company, and in suit plaintiffs were allowed to assert their claim. The object of the plaintiffs’ bill was to enforce a mechanics’ lien, which they claimed as general contractors, for upwards of…
1Opinion of the CourtBurks, J.
Let it be conceded (for the purposes of this case) that railway companies are within the provisions of the act concerning mechanics’ liens, approvedf July 11, 1870 (the same embodied, in the Code of 1873, ch. 115, from section 3 to section 11 inclusive), the first question is, whether the appellants have established the lien they seek to enforce, or any valid lien under the statute.
It is among the agreed facts that they furnished, under contract, the lumber for which they charge; that it was used by the defendant company and incorporated with its property, and that the balance due them for…
2Cases cited3 opinions
- Blackford v. HurstSupreme Court of Virginia · 1875
- Burgess v. BelvinSupreme Court of Virginia · 1880
- Merch. & Mech. Savings Bank of Norfolk v. DashiellSupreme Court of Virginia · 1874
3Cited by6 opinions
- Farmers Loan & Trust Co. v. Canada & St. Louis Railway Co.Indiana Supreme Court · 1891
- Seventh Nat. Bank of Philadelphia v. Shenandoah Iron Co.U.S. Circuit Court for the District of Western Virginia · 1887
- Withrow Lumber Co. v. Glasgow Inv. Co.Court of Appeals for the Fourth Circuit · 1900
- Blackford v. HurstSupreme Court of Virginia · 1875
- Arkansas River, Land, Reservoir & Canal Co. v. FlinnColorado Court of Appeals · 1893
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