Columbia Brick Co. v. District of Columbia
Court of Appeals for the D.C. Circuit
This was a suit in equity brought in the Supreme Court of the District of Columbia, by the complainant the Columbia Brick Company, as a sub-contractor and material-man, against the District of Columbia, as owner, Columbus. Thomas, as contractor, and a number of other defendants, as sub-contractors.
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This was a suit in equity brought in the Supreme Court of the District of Columbia, by the complainant the Columbia Brick Company, as a sub-contractor and material-man, against the District of Columbia, as owner, Columbus. Thomas, as contractor, and a number of other defendants, as sub-contractors. The defendant Thomas had, under contract with the District, built for it a schoolhouse, and the object of the proceeding was to subject an unpaid balance of the contract price in the hands of the District, and due the defendant Thomas, to the payment of the claims of the complainant and the other…
1Opinion of the Court
The Chief Justice
delivered the opinion of the Court:
We are not aware of any principle upon which the bill in this case can be maintained. The effort is made to maintain it under Section 709 of the Revised Statutes relating to the *355District of Columbia, giving a sub-contractor the right to garnish or give notice to the owner of a building of his claim against his employer, and that he holds the owner responsible therefor; the section of the statute declaring that “the owner of the building shall be liable for the claim, but not to exceed the amount due from him to the employer at the time of…
2Cases cited5 opinions
- Mayor of Baltimore v. Root ex rel. ArmstrongCourt of Appeals of Maryland · 1855
- Merwin v. City of ChicagoIllinois Supreme Court · 1867
- Wallace v. LawyerIndiana Supreme Court · 1876
- Switzer v. City of WellingtonSupreme Court of Kansas · 1888
- Dotterer v. BoweSupreme Court of Georgia · 1890
3Cited by2 opinions
- Chewning v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1941
- Rone v. RoneCourt of Appeals for the D.C. Circuit · 1944