Saunders v. Tuscumbia Roofing & Plumbing Co.
Supreme Court of Alabama
Mechanic’s or Material Mem’s Lien. Appeal from Colbert Circuit Court. Heard before I-Ion. Ed. B. Almon. Action by the Tuscumbia Roofing & Plumbing Company against Olivia Saunders. Prom a judgment for plaintiff, defendant appeals. This was an action to enforce a lien for work and labor done and material furnished in repairing certain machinery and building alleged to belong to defendant and her husband, T. C. Saunders.
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Mechanic’s or Material Mem’s Lien. Appeal from Colbert Circuit Court. Heard before I-Ion. Ed. B. Almon. Action by the Tuscumbia Roofing & Plumbing Company against Olivia Saunders. Prom a judgment for plaintiff, defendant appeals. This was an action to enforce a lien for work and labor done and material furnished in repairing certain machinery and building alleged to belong to defendant and her husband, T. C. Saunders. The defense relied on is set up in special plea as follows: “That she never made any contract with plaintiff for the material or work and labor mentioned in said cause of…
1Opinion of the CourtSimpson, J.
— This was a suit by the appellee (plaintiff) to enforce a mechanic’s and materialman’s lien on certain property.
The assignment of error is that' the court erred in admitting the record of the mechanic’s lien, because no sufficient predicate was laid for the introduction of secondary evidence. The testimony on this point was by the plaintiff, who testified that he could not find the original, and that he had hunted for the same at his shop and been unable to .find it; that he had not examined at his residence, but the last time he had seen it it ivas at his shop. Mr. Wigmore, in his work on…
2Cases cited17 opinions
- Borland v. MayoSupreme Court of Alabama · 1845
- Parsons v. BoydSupreme Court of Alabama · 1852
- Boulden v. StateSupreme Court of Alabama · 1893
- O'Neal v. McKinnaSupreme Court of Alabama · 1897
- Seabury v. Doe ex dem. StewartSupreme Court of Alabama · 1853
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3Cited by6 opinions
- Ingram v. StateCourt of Criminal Appeals of Alabama · 1999
- Whitsett v. BelueSupreme Court of Alabama · 1911
- Andrews v. StateSupreme Court of Alabama · 1907
- Crabtree v. StreetSupreme Court of Alabama · 1918
- Commercial Inv. Trust, Inc. v. Hurst Bros.Alabama Court of Appeals · 1930
1 more not listed; retrieve them via the Exa API.