De La Vergne Refrigerating Mach. Co. v. Montgomery Brewing Co.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Middle District of Alabama. i In Equity. Suit by the De la Yergne Refrigerating Machine Company against the Montgomery Brewing Company and others to foreclose a mechanic’s lien. A demurrer to the bill was overruled. 46 Fed: Rep. 832. The bill was subsequently amended, was again demurred to, and the demurrers sustained. Thereafter the bill was dismissed. Complainant appeals.
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Appeal from the Circuit Court of the United States for the Middle District of Alabama. i In Equity. Suit by the De la Yergne Refrigerating Machine Company against the Montgomery Brewing Company and others to foreclose a mechanic’s lien. A demurrer to the bill was overruled. 46 Fed: Rep. 832. The bill was subsequently amended, was again demurred to, and the demurrers sustained. Thereafter the bill was dismissed. Complainant appeals. Statement by TOULMEST, District Judge: Appellant, complaining below, filed its bill of complaint on the equity side of the circuit court of the United States for…
1Opinion of the CourtToulmin, District Judge
The question presented to the court for its decision is whether, under the statutes of Alabama relating to the liens of material men, a lien shall be deemed lost unless all persons, as mortgagees or other incumbrancers, interested in the property charged with the lien, are made parties to the suit for the enforcement thereof within six months after the maturity of the indebtedness. The sections of the statute bearing upon the question are as follows:
“Sec. 3018. Dion Declared. Every mechanic or other person, who shall dp or perform any labor upon, or furnish any material, fixtures, engine,…
2Cases cited2 opinions
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Trammell v. HudmonSupreme Court of Alabama · 1884
3Cited by5 opinions
- Heyward & Lee Construction Co. v. SandsSupreme Court of Virginia · 1995
- Monk v. Exposition Deepwater Pier Corp.Supreme Court of Virginia · 1910
- Utah Implement-Vehicle Co. v. BowmanDistrict Court, D. Idaho · 1913
- Drake v. DilatushDistrict Court, E.D. Illinois · 1936
- James T. Bush Construction Co. v. PatelRichmond County Circuit Court · 1987