Moxley v. Shepard
CHARLES G. MOXLEY and JOHN S. MOXLEY v. DANIEL M. SHEPARD and GARWOOD & LEEDS
- Area
- civil
- Panel
- William J. Murray, Jr. (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Murray
Murray, C. J., delivered the opinion of the court, with which Heydenfeldt, Justice, concurred.
This was an application, upon the part of the appellants, to the court below, for a pro rata distribution of the proceeds of a building, sold to satisfy a judgment decreeing a mechanic’s lien.
The appellants had a judgment against the building, of the same date with that of the respondent, for materials furnished in its construction. Our statute has placed liens for materials and liens for labor on the same footing.
The court erred in refusing to distribute the proceeds in conformity with the statute.
Judgment reversed, and new trial ordered, with costs.