Geiger & Co. v. Hussey
Supreme Court of Alabama
Appeal from 'the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by R. W. Geiger & Co. against James Hussey, and was commenced on the 6th February, 1878. The complaint contained two counts; the first claiming $221.78, “due by account, for work and labor done, and materials furnished for a building for said defendant by the plaintiffs, at his request, to-wit, on the 2d November, 1877 and the second, as amended, being in these words :…
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Appeal from 'the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by R. W. Geiger & Co. against James Hussey, and was commenced on the 6th February, 1878. The complaint contained two counts; the first claiming $221.78, “due by account, for work and labor done, and materials furnished for a building for said defendant by the plaintiffs, at his request, to-wit, on the 2d November, 1877 and the second, as amended, being in these words : “Plaintiffs claim of defendant the further sum of $221.78, due by account, and fully set forth, in 'the account hereto annexed…
1Opinion of the Court
BKICKELL, 0. J.
The only question of the case is, whether a lumber merchant, furnishing materials to the owner or proprietor of a vacant city lot, for the erection of buildings thereon, has a lien on the buildings and lot for the debt owing him. This depends on the true construction of chapter 6, title 2, part 3, of the Code of 1876, which is devoted to the “liens of mechanics, employees, and material-men, for any building, erection, or improvement upon land, or for repairing the same.”
It is first declared; “Every mechanic, or other person, who shall do or perform any work or labor upon, or…
2Cases cited1 opinion
- Winder v. CaldwellSupreme Court of the United States · 1853
3Cited by8 opinions
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- May & Thomas Hardware Co. v. McConnellSupreme Court of Alabama · 1893
- BURKES MECH. v. Ft. James-Pennington, Inc.Supreme Court of Alabama · 2004
- Trammell v. HudmonSupreme Court of Alabama · 1884
- Bekken v. Greystone Residential Ass'nCourt of Civil Appeals of Alabama · 2017
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