Legal Opinion

Ex Parte Moore

Supreme Court of Alabama

Decided March 28, 1980PublishedCited by 23 opinions

1Opinion of the Court

In this original petition for mandamus, two basic issues are presented:

Is subject matter jurisdiction proper for the enforcement of a mechanic's lien in the county where the land is located?

Once a suit has been filed to enforce a mechanic's lien in the county where the land is located, is a bill for declaratory judgment improper in another county when the basic issues in the two actions are the same and the parties are the same?

Our answer to both questions is in the affirmative, and we hold that mandamus is due to be granted.

Briefly, the facts are as follows:

Petitioner R.H. Moore, Sr. does…

2Cases cited3 opinions

  1. East v. ToddSupreme Court of Alabama · 1969
  2. Auto Mut. Indemnity Co. v. MooreSupreme Court of Alabama · 1938
  3. Foreman v. SmithSupreme Court of Alabama · 1961

3Cited by23 opinions

  1. Barnes v. DaleSupreme Court of Alabama · 1988
  2. Ex Parte First Nat. Bank of JasperSupreme Court of Alabama · 1997
  3. Martin v. ClarkSupreme Court of Alabama · 1989
  4. Grimes v. Liberty Nat. Life Ins. Co.Supreme Court of Alabama · 1998
  5. Evans v. Cumberland Lake Country Club, Inc.Supreme Court of Alabama · 1996

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