W. M. Carter Lumber Co. v. Deopp

Mississippi Supreme Court October 15, 1915

W. M. Carter Lumber Co. v. Deopp, 110 Miss. 591 (Miss. 1915)

70 So. 701

Smith

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court.

Since the aggregate amount which appellee can be called upon to pay the various materialmen, joined as *592parties defendant hereto, can he ascertained only after an accounting between him and Bussell, the principal defendant, the stating of which account is a proper function of a court of equity, the demurrer to the bill was properly overruled.

Affirmed and remanded, with leave to. appellants to answer within thirty days after the filing of the mandate in the court below. v

'Affirmed and remcmded.

Reference

Status: Published
Syllabus: Mechanics’ Liens. Enforcement. Equitable jurisdiction. Since the aggregate amount which an owner employing a contractor to make repairs on a building can be called on to pay various materialmen, can only be ascertained after an accounting between him and the contractor, where the various material-men bring actions at law to enforce this lien, the owner may sue in equity to compel the materialmen to propound their claims in the chancery court; the stating of the account between the owner and the contractor being a proper function of equity.