McGeever v. Harris & Sons
Supreme Court of Alabama
Mechanic or Material Marts Lien. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. This is an action begun by a partnership composed of S. H. Harrison & Son against Clara McGeever to enforce a vendor’s lien under a contract made with the husband of tlie defendant.
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Mechanic or Material Marts Lien. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. This is an action begun by a partnership composed of S. H. Harrison & Son against Clara McGeever to enforce a vendor’s lien under a contract made with the husband of tlie defendant. The pleadings and the facts sufficiently appear in the opinion of the conrt. — This is an action by a firm in the firm name and the firm could not possibly verify the lien statement, so that it was necessary that the verification should be by “some other' person having knowledge of the facts.” — Globe I. R. & G.…
1Opinion of the CourtTyson, J.
— The first assignment of demurrer to the complaint before and after amendment was general, and therefore properly overruled. The second proceeds upon the theory that this action is by a subcontractor, and therefore the plaintiffs should have given the defendant, as owner, before filing their statement in the office of the judge of probate for the purpose of perfecting a lien under the statute, 10 days’ notice in writing, etc. — Acts, 1900-01, p. 2115 et seq. This ground is clearly not well taken, since it appears from the averments of the complaint that the materials furnished, etc., were in…
2Cases cited3 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Hawkins Lumber Co. v. BrownSupreme Court of Alabama · 1893
- McConnell v. Meridian Sash & Blind FactorySupreme Court of Alabama · 1896
3Cited by16 opinions
- Wood Lumber Co. v. GreathouseSupreme Court of Alabama · 1933
- Ex Parte GrubbsSupreme Court of Alabama · 1990
- Nelson Weaver Mortgage Co. v. Dover Elevator Co.Supreme Court of Alabama · 1968
- Ex Parte R. H. Byrd Contracting Co.Alabama Court of Appeals · 1934
- Harper v. J. & C. TRUCKING & EXCAVATINGCourt of Civil Appeals of Alabama · 1978
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