Legal Opinion

Augir v. Warder

West Virginia Supreme Court

Decided April 14, 1914PublishedCited by 5 opinions

Appeal from Circuit Court, Taylor County. Suit by O. G-. Augir & Co. against Rebecca R. Warder and others, to enforce a mechanic’s lien. From a decree for defendants, plaintiff appeals.

1Opinion of the Court

Williams, Judge:

This is the second appeal in this suit to enforce a mechanics’ lien. The former appeal was taken by Mrs. Warder from a decree subjecting her house to sale to satisfy plaintiff’s lien. The decree was reversed and the cause remanded with leave to plaintiff to amend his bill by making Henry Thomas, the *104principal contractor, a party. The bill was so amended, but a demurrer interposed thereto was sustained and plaintiff’s suit dismissed, and from that decree he has appealed.

Two specific grounds of demurrer were stated. One is .that plaintiff had failed to make said Henry Thomas a…

2Cases cited7 opinions

  1. Marcum v. Ballot Com'rsWest Virginia Supreme Court · 1896
  2. Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
  3. Green v. CliffordCalifornia Supreme Court · 1892
  4. Chapman v. Banker & Tradesman Publishing Co.Massachusetts Supreme Judicial Court · 1880
  5. Casserly v. Wayne Circuit JudgeMichigan Supreme Court · 1900

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

3Cited by5 opinions

  1. Jackson v. JacksonWest Virginia Supreme Court · 1919
  2. Huntington Plumbing & Supply Co. v. McGuffinWest Virginia Supreme Court · 1914
  3. Westinghouse Electric Supply Co. v. Franklin Institute of State of PennsylvaniaSuperior Court of Delaware · 1941
  4. Brown v. SmithWest Virginia Supreme Court · 1919
  5. First American Title Insurance Co. v. Bowles Rice, L.L.P.District Court, N.D. West Virginia · 2018

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