Rivers v. Mulholland
Mississippi Supreme Court
Rivers v. Mulholland, 62 Miss. 766 (Miss. 1885)
Campbell
Rivers v. Mulholland
Opinion of the Court
delivered the opinion of the court.
Section 1381 of the Code of 1880 gives the remedy it provides only to such person as may have furnished materials used in the erection of a building or improvement and to a journeyman or laborer employed by the contractor or master workman. A subcontractor, who hires laborers and does a part of the work by virtue of a contract made with the contractor, is not provided for by the statute.
Affirmed.
Reference
- Full Case Name
- J. H. Rivers v. F. T. Mulholland
- Status
- Published
- Syllabus
- Mechanic’s Lien. Sub-contractor. Section 1381, Code 1880, construed. A sub-contractor is not provided for by \\ 1381 of “An act in relation to the lien of mechanics,” in the Code of 1880, which declares that “when any contractor or master workman shall refuse to pay any person who may have furnished materials used in the erection of any such building or improvement [as referred to in previous sections of the act], or the wages of any journeyman or laborer employed by him therein, such person, or such journeyman or laborer, may give notice in writing to the owner of such building or improvement of the amount due ; and thereupon the amount that may be due by such owner to the contractor or master builder shall be bound and liable in the hands of such owner for the payment of the sum so claimed.”