Legal Opinion

Scott v. Mercer Garage Co.

West Virginia Supreme Court

Decided March 1, 1921PublishedCited by 8 opinions

Error to Circuit Court, Mércer County. Detinue by W. A. Scott against the Mercer Garage & Auto Sales Company. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

Miller, Judge :

In this action of detinue, begun in the circuit court of *93Mercer County, and there determined adversely to plaintiff, upon agreed facts submitted to the court in lieu of a jury, ■the question is now presented for our decision, whether the common-law lien of the defendant company for repairs upon ah automobile, done in December 1916, and for the payment of which it was detaining said machine, is, -as the circuit court held, superior and paramount to that of.the plaintiff for the purchase money thereof represented by notes, for which in his written contract of .sale he retained…

2Cases cited4 opinions

  1. Rankin v. ScottSupreme Court of the United States · 1827
  2. Hammond v. DanielsonMassachusetts Supreme Judicial Court · 1879
  3. Shaw v. WebbTennessee Supreme Court · 1914
  4. Baughman Automobile Co. v. EmanuelSupreme Court of Georgia · 1912

3Cited by8 opinions

  1. State Ex Rel. McGraw v. Combs ServicesWest Virginia Supreme Court · 1999
  2. American Casualty Company of Reading, Pa. v. DevineSupreme Court of Alabama · 1963
  3. Robinson Bros. Motor Co. v. KnightTennessee Supreme Court · 1926
  4. Commercial Credit Co. v. OakleyWest Virginia Supreme Court · 1927
  5. Bank of White Sulphur Springs v. PATRIOTWest Virginia Supreme Court · 1994

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