Wood v. King
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court, Varner District. John M. Eudiott, Judge. On December 22, 1890, Wm. A. King and Jos. A. Goza, composing the firm of the King Manufacturing Co., broug'ht suit ag'ainst F. A. Wood to enforce a mechanic’s lien upon a gin-house and two acres of land, described as situated in Lincoln county.
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Appeal from Lincoln Circuit Court, Varner District. John M. Eudiott, Judge. On December 22, 1890, Wm. A. King and Jos. A. Goza, composing the firm of the King Manufacturing Co., broug'ht suit ag'ainst F. A. Wood to enforce a mechanic’s lien upon a gin-house and two acres of land, described as situated in Lincoln county. The complaint alleged that a sum named was due for materials furnished at defendant’s request for the erection and improvement of the gin-house ; that the last item on the account was delivered on the 24th of October, 1890; and that no part of the debt had been paid. No…
1Opinion of the CourtHemingway, J.
It is insisted for the defendant that the filing of the complaint in this case was not a filing of plaintiffs’ claim, within the rule announced in Anderson v. Seamans, 49 Ark. 475, and that plaintiffs never took the steps requisite to fix their lien, under the law regulating mechanic’s liens. The grounds relied upon to distinguish this case from that are, ‘that the plaintiffs did not file with their complaint an itemized account of their demand, or an affidavit to the effect that their claim was a just and true one, after allowing all credits.
The statute (Mansf. Dig. sec. 4406) does not…
2Cases cited4 opinions
- Anderson v. SeamansSupreme Court of Arkansas · 1887
- Murray v. RapleySupreme Court of Arkansas · 1875
- Buckley v. TaylorSupreme Court of Arkansas · 1888
- Ricker v. JoySupreme Judicial Court of Maine · 1881
3Cited by6 opinions
- Terry v. KleinSupreme Court of Arkansas · 1918
- Standard Lumber Co. of Pine Bluff v. WilsonSupreme Court of Arkansas · 1927
- Lawhon v. American Cyanamid & Chemical Corp.Supreme Court of Arkansas · 1949
- Wiggins v. SEARCY FEDERAL SAVINGS & LOAN ASS'NSupreme Court of Arkansas · 1972
- McFadden v. StarkSupreme Court of Arkansas · 1893
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