Legal Opinion

Leiper v. Minnig

Supreme Court of Arkansas

Decided March 18, 1905PublishedCited by 7 opinions

Appeál from Pulaski Circuit Court, Second Division.- STATEMENT BY THE COURT. Upon the 5th day of December, 1901, the appellants filed the following complaint in the Pulaski Circuit Court against the appellee, R. D. Minnig, and J. G. Huber.

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Appeál from Pulaski Circuit Court, Second Division.- STATEMENT BY THE COURT. Upon the 5th day of December, 1901, the appellants filed the following complaint in the Pulaski Circuit Court against the appellee, R. D. Minnig, and J. G. Huber. “The plaintiffs state that they are partners in business and material men, under the style of Leiper & Mills; that on the 1st day of September, 1901, said Minnig made a contract with one J. G. Huber to construct and build a sidewalk for him upon the south fifty feet of lots 7, 8 and 9, in block 15, in Masonic Addition to the city of Little Rock, Arkansas,…

1Opinion of the Court

Wood, J.,

(after stating the facts.) Has a material man a lien for materials furnished in building a sidewalk upon the lots abutting and on the sidewalk? is the question presented by this appeal. The parts of the statute applicable here are as follows:

“Sec. 4970 (Kirby’s Digest). Every mechanic, builder,” etc., “or other person who shall do or perform any work upon or furnish any material * * * for any' building, erection, improvement upon land * * * under and by virtue of any contract with the owner or proprietor thereof, or his agent, contractor, etc., upon complying with the provisions of…

2Cases cited5 opinions

  1. Kenney v. . ApgarNew York Court of Appeals · 1883
  2. Little Rock v. FitzgeraldSupreme Court of Arkansas · 1894
  3. Coenen & Mentzer v. StaubSupreme Court of Iowa · 1888
  4. Guise v. OliverSupreme Court of Arkansas · 1888
  5. James v. Pine BluffSupreme Court of Arkansas · 1887

3Cited by7 opinions

  1. Lambert v. NewmanSupreme Court of Arkansas · 1968
  2. Cain v. City of TylerTexas Commission of Appeals · 1924
  3. Dix v. OldsSupreme Court of Arkansas · 1967
  4. Shelby Contracting Co. v. PizitzSupreme Court of Alabama · 1970
  5. Goldsmith v. Orange Belt Securities Co.Supreme Court of Florida · 1934

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