Womack v. Myrick Lumbert Co.
Supreme Court of Alabama
Appeal from Circuit Court, Etowah County; John H. Disque, Judge. Action by the Myrick Lumber Company against Kate A. Womack and others. From a judgment for plaintiff, the named defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911.
1Opinion of the Court
McCLELLAN, j.
This action to enforce a materialman’s lien (Code, § 4765) was instituted by appellee against R. J. and K. A. Womack. R. A. Mitchell, who was also joined as a defendant, was, on plaintiff’s motion, stricken out as a party defendant. The single count on which the submission to the court (without jury) was had was introduced by amendment after demurrer sustained to the original complaint. No demurrer to the count thus introduced appears to have been filed. So the sufficiency of the count is not considered.
[1, 2] The plaintiff was permitted to show by G. H. Myrick that the account…
2Cases cited3 opinions
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Johnston v. JohnstonSupreme Court of Alabama · 1912
- Wilson v. Andalusia Mfg. Co.Supreme Court of Alabama · 1915
3Cited by4 opinions
- National Casualty Co. v. DunnSupreme Court of Alabama · 1923
- Peterson v. David "Spud" Bishop Contractor, Inc.Supreme Court of Alabama · 1989
- Elder v. StewartSupreme Court of Alabama · 1959
- Kennedy v. NelsonAlabama Court of Appeals · 1954