Legal Opinion

Smalley v. Northwestern Terra-Cotta Co.

Michigan Supreme Court

Decided May 28, 1897PublishedCited by 27 opinions

Appeal from Wayne; Adams, J., presiding. Bill by William Smalley and others against the Northwestern Terra-Cotta Company, impleaded with Traugott Schmidt and others, to enforce a material man’s lien. The defendant company filed an answer in the nature of a cross-bill, to which defendant Schmidt demurred. From an order dismissing the answer in so far as it claimed the benefit of a cross-bill against defendant Schmidt, the Northwestern Terra-Cotta Company appeals.

1Opinion of the CourtMoore, J.

The defendant Schmidt, the owner of land in Detroit, in the spring of 1895, contracted with Mr. Gearing, a building contractor, for the erection of a business block théreon. In the fall of 1895, when the building was partially completed, a number of material *143men filed liens against the lot and building for materials which they severally claimed to have furnished to Mr. Gearing. The original bill of complaint in this cause was filed in January, 1896, for the enforcement of one of these liens, and the other lien claimants and the defendant Schmidt, as owner of the land and building, were made…

2Cases cited17 opinions

  1. De Witt v. SmithSupreme Court of Missouri · 1876
  2. People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873
  3. Wingert v. CarpenterMichigan Supreme Court · 1894
  4. Willer v. BergenthalWisconsin Supreme Court · 1880
  5. Thielman v. CarrIllinois Supreme Court · 1874

12 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Spartan Asphalt Paving Co. v. Grand Ledge Mobile Home ParkMichigan Supreme Court · 1977
  2. Smalley v. Ashland Brown-Stone Co.Michigan Supreme Court · 1897
  3. Hart v. ReidMichigan Supreme Court · 1928
  4. Burton Drywall, Inc. v. KaufmanMichigan Court of Appeals · 1976
  5. Lacy v. Piatt Power & Heat Co.Michigan Supreme Court · 1909

22 more not listed; retrieve them via the Exa API.

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