Hill v. Imboden
Supreme Court of Arkansas
Appeal from Conway Chancery Court; Jordan Sellers, Chancellor; 1. The whole of the cross-complaint is absolutely undenied, and hence all material allegations are taken as confessed. 30 Ark. 362; 93 Id. 269;'91 Id. 30. A good plea unanswered is always .sustained. 21 Ark. 18; 25 Id. 105; see, also, 16 Id. 97; 19 Id. 96; 56 Id. 73; 51 Id. 368. Appellant’s cross-complaint was unanswered, and he was relieved of all proof.
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Appeal from Conway Chancery Court; Jordan Sellers, Chancellor; 1. The whole of the cross-complaint is absolutely undenied, and hence all material allegations are taken as confessed. 30 Ark. 362; 93 Id. 269;'91 Id. 30. A good plea unanswered is always .sustained. 21 Ark. 18; 25 Id. 105; see, also, 16 Id. 97; 19 Id. 96; 56 Id. 73; 51 Id. 368. Appellant’s cross-complaint was unanswered, and he was relieved of all proof. It was error to allow judgment ag-ainst appellant Hill. 2. Imboden failed to file his materialman’s lien within the ninety days required by law. Kirby’s Dig., §§ 4981-2; 132 S.…
1Opinion of the CourtMcCulloch, C. J.
Appellant owned a certain lot or tract of real estate in Morrilton and constructed thereon a dwelling house, and barn and other outhouses. Appellee furnished all of the material for the construction of said buildings and filed a lien for the price, nothing having been paid on the bill. Appellee claims $1,720.79 for the price of said building material and he instituted this action against appellant in the chancery court of Conway County to enforce a statutory lien on the real estate on which the said buildings were constructed.
Appellee alleged in Ms complaint that he asserted a lien in the…
2Cases cited8 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Kizer Lumber Co. v. MoselySupreme Court of Arkansas · 1892
- Burel v. East Arkansas Lumber Co.Supreme Court of Arkansas · 1917
- Central Lumber Co. v. Braddock Land & Granite Co.Supreme Court of Arkansas · 1907
- Hardie v. BissellSupreme Court of Arkansas · 1906
3 more not listed; retrieve them via the Exa API.
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- Sebastian Building & Loan Ass'n v. MintenSupreme Court of Arkansas · 1930
- Ferguson Lumber Co. v. ScriberSupreme Court of Arkansas · 1924
- William M. Graham Oil & Gas Co. v. Oil Well Supply Co.Supreme Court of Oklahoma · 1927
- E. C. Barton & Co. v. NealSupreme Court of Arkansas · 1978
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