Reeves v. Little
Reeves v. Little
Opinion of the Court
The appeal is from a decree of the circuit court of Jefferson County, in equity, overruling a demurrer to appellee’s bill as amended.
The demurrer was addressed to the bill as a whole, which as we view it is in two aspects. In one the complainant seeks declaratory relief and in the other seeks to enforce the statutory lien given by § 37, Title 33, Code 1940.
Section 48, Title 33, Code 1940, gives to a lien claimant a concurrent remedy in equity. The lien is a creature of statute and not contract. Burge v. Morgan, 257 Ala. 558, 59 So.2d 795.
The rule has been often announced and is generally understood to the effect that on an appeal from a decree overruling a demurrer to a bill in equity, we consider only those grounds of the demurrer sufficiently argued in brief. Groover v. Darden, 259 Ala. 607, 68 So.2d 28.
In brief filed here on behalf of appellant, the grounds of demur/er which are argued relate to that aspect of the
The decree of the trial court is affirmed.
Affirmed.
Reference
- Full Case Name
- Mrs. Clifford REEVES v. John W. LITTLE (American Plumbing & Heating Engineers)
- Cited By
- 2 cases
- Status
- Published