Legal Opinion

Mayes v. Ruffners

West Virginia Supreme Court

Decided March 4, 1875PublishedCited by 18 opinions

An appeal, granted on the petition of the complainant below, from a decree of the circuit court of Putnam county, in a suit in chancery therein pending, wherein John Mayes was complainant and B. F. and Frank Ruff-ner, respondents. The facts sufficiently appear in the opinion of the Court. The Hon. Joseph Smith, judge of said circuit court,, presided at the trial below.

1Opinion of the Court

Moore, Judge.

"We meet this case upon an appeal from a decree rendered by the circuit court of Putnam county, on October 25, 1873. The object of the plaintiff’s bill was to enforce a mechanic’s lien, under the provisions of chapter seventy-five of the Code. ■ The circuit court sustained the defendant’s demurrer to the bill, and dismissed the bill.

A mechanic’s lien is of statutory creation, and can be maintained only by a substantial observance of and compliance with the requirements of the statute.

The. first clause of section two, chapter seventy-five, Code, p. 475, enacts that: “Every…

2Cited by18 opinions

  1. United States Blowpipe Co. v. SpencerWest Virginia Supreme Court · 1895
  2. Malter v. Falcon Mining Co.Nevada Supreme Court · 1883
  3. Wyman v. QuayleWyoming Supreme Court · 1901
  4. Niswander & Co. v. BlackWest Virginia Supreme Court · 1901
  5. Grafton Grocery Co. v. Home Brewing Co.West Virginia Supreme Court · 1906

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