Legal Opinion

Hightower v. Bailey

Court of Appeals of Kentucky

Decided March 29, 1900PublishedCited by 21 opinions

Case 29 — Action to Enforce Mechanic’s Lien — APPEAL FROM HENDERSON CIRCUIT COURT. Action by F. M. Hightower, Lumber Merchant, v. Bailey & Koer-ner, Contractors, to Enforce a Material-man’s Lien. ' Judgment for the Defendants and Plaintiff Appeals. 1. The Mechanics’ Lien Law, Kentucky Statutes, sec. 2463, as amended by the act of March 21, 1896, is constitutional. 2. Difference in rules as to constitutionality of State and Federal legislation. Griswold y.

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Case 29 — Action to Enforce Mechanic’s Lien — APPEAL FROM HENDERSON CIRCUIT COURT. Action by F. M. Hightower, Lumber Merchant, v. Bailey & Koer-ner, Contractors, to Enforce a Material-man’s Lien. ' Judgment for the Defendants and Plaintiff Appeals. 1. The Mechanics’ Lien Law, Kentucky Statutes, sec. 2463, as amended by the act of March 21, 1896, is constitutional. 2. Difference in rules as to constitutionality of State and Federal legislation. Griswold y. Hepburn, 2 Duval, 24. 3. The fifth amendment to Constitution of the United States has no application to the States. Thorington v.…

1Opinion of the Court

*201Opinion op the court by

CHIEF JUSTICE HAZELRIIGG

Affirming.

Walling & Co., desiring to build a grain elevator on their lot in the city of Henderson, Ky., contracted with Bailey & Koerner to furnish all the necessary material and Lo construct the improvement. Bailey & Koerner, who were builders and contractors, contracted with H. W. Clark, Jr., a lumber merchant at Henderson, for a large quantity of the lumber necessary for the building. Clark then contracted with Hightower, a lumber dealer at Ragan, Ala., for a quantity of lumber, for the purpose of using it in filling his contract with Bailey &…

2Cases cited18 opinions

  1. Cole Manufacturing Co. v. FallsTennessee Supreme Court · 1891
  2. Colter v. FreseIndiana Supreme Court · 1873
  3. Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
  4. Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
  5. James Hunter & Co. v. Truckee LodgeNevada Supreme Court · 1879

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

3Cited by21 opinions

  1. Prince v. Neal-Millard Co.Supreme Court of Georgia · 1906
  2. Highland Motor Transfer Co. v. Heyburn Building Co.Court of Appeals of Kentucky (pre-1976) · 1931
  3. Allen County v. U. S. Fidelity & Guaranty CoCourt of Appeals of Kentucky · 1906
  4. Carson & Co. v. SheltonCourt of Appeals of Kentucky · 1908
  5. Holt & Bugbee Co. v. City of MelroseMassachusetts Supreme Judicial Court · 1942

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

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