Bedsole v. Peters
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the Hod. ¥i. E. Clarice. This actioD was brought by L. G-. Peters agaiust D. J. Bed-sole, and was commenced on the 16th September, 1885. The complaint contained the common counts, and a special count which claimed $203.60, “balance due on account for work and labor performed, for this: that heretofore, to-wit, on the 13th day of April, 1885, defendant employed plaintiff as a mechanic to perform the following work and…
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Appeal from the Circuit Court of Clarke. Tried before the Hod. ¥i. E. Clarice. This actioD was brought by L. G-. Peters agaiust D. J. Bed-sole, and was commenced on the 16th September, 1885. The complaint contained the common counts, and a special count which claimed $203.60, “balance due on account for work and labor performed, for this: that heretofore, to-wit, on the 13th day of April, 1885, defendant employed plaintiff as a mechanic to perform the following work and labor; to construct and lay a frame foundation for a steam saw-mill, 80 feet long by 30 feet wide, at defendant’s premises…
1Opinion of the CourtSomepyille, J.
We entertain no doubt of the propriety of joining in the same complaint with the common counts those upon contract for the enforcement of a mechanic’s lien under the statute. The chapter in our Code relating to this subject provides, that the pleadings, practice, process, and other proceedings designed to enforce liens of this character, shall be the same as in ordinary civil actions, except as otherwise provided.' — Code, 1876, § 3446. The statute, moreover, expressly provides for the rendition of a personal judgment against defendant debtors, and against garnishees who are required in…
2Cases cited6 opinions
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Ex parte SchmidtSupreme Court of Alabama · 1878
- Williams v. PorterSupreme Court of Missouri · 1873
- Turner v. RobbinsSupreme Court of Alabama · 1885
- Patrick v. AbelesSupreme Court of Missouri · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Arkmo Lumber Co. v. CantrellSupreme Court of Arkansas · 1923
- United States Blowpipe Co. v. SpencerWest Virginia Supreme Court · 1895
- Hughes v. TorgersonSupreme Court of Alabama · 1892
- Fowler v. MacKentepeSupreme Court of Alabama · 1937
16 more not listed; retrieve them via the Exa API.