Legal Opinion

Home Lumber Corp. v. Karim & Meador, Inc.

Botetourt County Circuit Court

Decided June 4, 1976No. Case Nos. (Chancery) 1740, 1741, 1745, 1746, 1747, 1770, 1771, and 1772Published

1Opinion of the Court

By Judge Roscoe B. Stephenson, Jr.

The issue to be decided is whether the Virginia Mechanic’s Lien Statute (Va. Code § 43-1 et seq.) violates the due process clauses of the state and/or federal constitution. This constitutional attack is raised by the demurrer of First Mortgage Corporation (First Mortgage), a defendant.

First Mortgage relies, in the main, upon four cases decided by the United States Supreme Court, each of which dealt with statutory prejudgment creditor liens. In the order they were decided, those cases are: Sniadach v. Family Finance Corp., 395 U.S. 337, 89 S. Ct. 1820, 23 L.…

2Cases cited12 opinions

Fuentes v. ShevinSupreme Court of the United States · 1972
Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975

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