Pensacola Railroad v. Schaffer
Supreme Court of Alabama
Appeal from the Circuit Court of Fscambia. Tried before the Hon. John P. Hubbard. This action was brought by John W. Schaffer, against the Pensacola Railroad Company, a domestic corporation, to enforce an alleged statutory lien, in favor of the plaintiff as original contractor, upon and against a building erected and used as a hotel, at Pensacola Junction in said county; and was commenced on the lfith April, 1878. The original contract for the erection of the building was…
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Appeal from the Circuit Court of Fscambia. Tried before the Hon. John P. Hubbard. This action was brought by John W. Schaffer, against the Pensacola Railroad Company, a domestic corporation, to enforce an alleged statutory lien, in favor of the plaintiff as original contractor, upon and against a building erected and used as a hotel, at Pensacola Junction in said county; and was commenced on the lfith April, 1878. The original contract for the erection of the building was made between Rudolph Benz, as contractor, and the defendant railroad corporation, acting through W. D. Chipley as its…
1Opinion of the CourtSomeryille, J.
— The action is one for the enforcement of a mechanic’s lien, under the provisions of our statute. — Code, 1876, §§ 3440, et seq.
The first point raised is, whether the plaintiff, Schaffer, can be properly regarded as an “ original contractor,” within the *237meaning of the statute. The record show’s that one Beuz was the party with whom the defendant made the first contract for the construction of the hotel building, in reference to w’hi'ch the present controversy arises. This was in June, 1877. During the latter part of the ensuing month, this contract was transferred by Beuz to the plaintiff,…
2Cases cited3 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Leonard v. StorrsSupreme Court of Alabama · 1858
3Cited by4 opinions
- Smith v. GunnissMontana Supreme Court · 1943
- Midland Railway Co. v. WilcoxIndiana Supreme Court · 1890
- Hoyle v. MannSupreme Court of Alabama · 1905
- Ala. Midland Railway Co. v. CoskrySupreme Court of Alabama · 1890