Legal Opinion · Dissent

Clement v. Adams Bros.-Paynes Co.

Supreme Court of Virginia

Decided June 13, 1912Published

Appeal from a decree of the Circuit Court of Appomattox county. Decree for the complainant. Defendant appeals.

1DissentBuchanan, J.

The action of the court in overruling the demurrer to the bill is assigned as error. The ground of the demurrer to the bill, which was filed to enforce a mechanic’s lien, is that the lien is void because not supported by the proper affidavit.

*554The Code provides that in order to perfect such lien the contractor or sub-contractor (sections 2476, 2477) shall, among other things, file in the clerk’s office of the proper court “an account showing the amount and character of the work done or materials furnished, the prices charged therefor, the payments made, if any, and the balance due, verified by…

2Cases cited9 opinions

  1. American Soda Fountain Co. v. StolzenbachSupreme Court of New Jersey · 1908
  2. Shaft v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1876
  3. Taylor v. Sutherlin-Meade Tobacco Co.Supreme Court of Virginia · 1908
  4. Haskin Wood Vulcanizing Co. v. The Cleveland Ship-Building Co.Supreme Court of Virginia · 1897
  5. Merriman Co. v. Thomas & Co.Supreme Court of Virginia · 1904

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