Legal Opinion

Lavergne v. Evans Bros., Construction Co.

Supreme Court of Alabama

Decided April 7, 1910PublishedCited by 12 opinions

Appeal from Birmingham City Court. Heard before Mon. C. W. Ferguson. Action by the Evans Brothers Construction Company against L. B. Lavergne, administrator of the estate of L. N. Archer, deceased, to enforce a mechanics’ and materialman’s lien and for a judgment against the personal representative. Judgment for plaintiff and defendant appeals. The general charge should have been given for the defendant.

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Appeal from Birmingham City Court. Heard before Mon. C. W. Ferguson. Action by the Evans Brothers Construction Company against L. B. Lavergne, administrator of the estate of L. N. Archer, deceased, to enforce a mechanics’ and materialman’s lien and for a judgment against the personal representative. Judgment for plaintiff and defendant appeals. The general charge should have been given for the defendant. It was not shown that the administrator was the. owner or proprietor of the building or the lessee of the lot. — Touart v. Y. P. L. Co.j 128 Ala. 61. It is further submitted that there was…

1Opinion of the CourtSayre, J.

Suit was brought on February 13, 1909, against the appellant as the administrator of the estate of L. N. Archer, deceased. The complaint, after elimination of the common counts by amendment, went upon a special contract for the agreed price of materials furnished and work done under a contract with the deceased, and for the enforcement of a mechanics’ and materialman’s lien under the statute.—Code, §§ 4754-4784. The complaint, as thus amended, alleged that the contract had been entered into and materials had been furnished and work done for the erection, etc., of a certain building on a lot…

2Cases cited5 opinions

  1. Welch v. Porter & Co.Supreme Court of Alabama · 1879
  2. Bedsole v. PetersSupreme Court of Alabama · 1885
  3. Sullivan Timber Co. v. BrushagelSupreme Court of Alabama · 1895
  4. Shiver v. RousseauSupreme Court of Alabama · 1881
  5. C. A. Stern & Co. v. CollierSupreme Court of Alabama · 1893

3Cited by12 opinions

  1. Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
  2. Julian v. WoolbertSupreme Court of Alabama · 1919
  3. Floyd v. RamboSupreme Court of Alabama · 1948
  4. Standard Sanitary Mfg. Co. v. AirdSupreme Court of Alabama · 1930
  5. Eggleston v. Birmingham Purchasing Co.Court of Appeals for the Fifth Circuit · 1926

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