The times. [volume] (Richmond, Va.) 1890-1903, 1896-07-17
SUPREME COURT CASES.
JOHN l.. TALLEi, or HANoFE"'
CHOSEN ~ Upstate.
au.rye Number Of Cases Handed Down,
Including One tn Enforce Me-
ehapic.' Lien for Work Done.


The Supreme Court Of Virginia, now
I'm session here, had intended to DEFER
tho election OF tipstaf 10 the court
a, Richmond until they assembled IN
Stanton. I'm order that Judge Harrison
might be present, but he having written
that he did not desire to keep the mat
ter open. and that he was entlrely VIII
ing for the election TO be held without
further DELAY. the election was had to-
day. and Mr.. John l.. Talley, OF Hanover
was chosen.
There were great number OF appli-
cants for the place.
The following decisions were hahueu
down by the court to-day;
The Bristol Iron and Steel Company
VS.. Thomas. assignee, and others; ana
the Flat Top Coal and Coke Associa-
ton vs. Thomas. assignee, ana othetS.
From the Hastings Court OF the CITY Oh
Radford. Opinion by Judge keith. Al
iirmed.
This Is a bill filed by Thomas. as IS
signee OF Witherow. 10 enforce me-
chanics' lien for work done ana mate
rial furnished in the construction OF a
Steel Company The only question or
interest i'm the record Is as follows:
After Witherow had done a large amount
OF work under his contract. he found him
self unable TO complete IL. and assigned
the benefits OF this contract. and money
due under IL 10 Thomas for the payment
of his debts Thomas went on 20 com
plete the structure. and filed mechanics
lien. under sections 2475 and 2i'6. 10 Sc
cure what was due. The question SUD-
mitted for decision IS as 10 the assign
ability OF the mechanics lien. That
the lien when perfected may be assigned
was not disputed. The question pre-
senied Is as 10 the right Of the assignee
10 do the acts prescribed in section A'6.
in order 10 perfect the inchoate lien con-
ferred by section 2475. II is believed
that the point before US has not been
decided by this court and the decisions
I'm other States are divided upon il. II is
held that. as a general rule. all con-
tractual rights ara assignahle. that a
man may authorize another 10 10 for
him whatever he himself may lawfully
do. that an Assignment carries with IL
all liens given 20 secure the demand as
signed that the statute creating the
lien, being silent az 10 its assignablity.
this court is at liberty 10 adopt the con-
struction which commends itself as rea-
sonahle and just
The object Of the law. IN creating liens
I'm favor Of mechanics, was 10 secure 10
a deserving class OF men the fruits OF
their labors. The statute upon the sub
ject is remedial in its nature. and while
courts require "a strict compliance with
all that the statute prescribes for the
completion or perfection OF the lien. and
h.
ure or omission upon the part OF the
claimant and 10 this extent NAV be said
to place strict construction upon the
statute, as being an innovation upon
the common law. yet when the me-
chanic has done all which II IS necessary
Tor him to do. has performed the work
or supplied the material and perfected
ms lien therefor in the prescribed mode
the duty or the courts is 10 see that
those whom the law intends 10 protect
shall enjoy the advantages which il con.
fers.
cur statute law as IL now stands can
not he justly criticised as undulv favor
iHs those Tor whose benefit il was en-
"'''u' III merely serves 10 secure 10
them the result Of toll and cspital and
while doing justice 10 them. innicts no in
justice upon any and should therefore
be fairly, If not literally. interpreted that
TO deny the holder Of the inchoate me
chanics' lien the right 10 assign the lien
gwen by section 2i75. would greatly d.
mlHlsh the value of the benefit conferred
upon those enumerated I'm that section.
IN case or death or inability from any
cause 10 complete his contract he would
lose the fruit Of his toll. as by DENYING
10 him the faculty Of perfectine the lien
ne would be deprived OF the only mode
by which his compensation could be
secured. II he is incapable OF confer
ring upon another by his voluntary act
OF assignment. the power Of perfecting
the inchoate lien. his representative In the
event of his death would be equally i'm
potent.
Dudley and others -. Miners execu-
tors and others. From the Circuit Court
Of Roanoke county. Reversed Opinion
by Judge RELY.
The complalnants filed their bin I'm
equity for relief from the payment Of
certain notes on which they had been
sued al law, on the ground that the notes
had been executed for the payment Of
real estate. and We're procured from
them by false and fraudulent representa-
tons. and were null and void. and upon
other grounds. which they claimed en-
titled them to make their defence I'm
equity, and asking that the plaintiff I'm
the suits AZ law be restrained from fur
Their prosecuting the same
The injunction was granted. but the
court. on a motion 20 dissolve. required
the complainants 10 confess Judgment I'm
the suits at law during the term OF the
court. or the injunction should be dis
solved.
Held. first. that as the complainants
came into court OF equity denying any
indebtedness whatever and the right of
the plaintiff I'm the suits az law 10 re-
cover upon the notes in any form either
al law or in equity II was not safe for
them 10 confess judgment in the suits at
law. and that the court should not have
SO required as a condition OF the continu-
ance or the injunction. Second that even
II IL were proper case FOR the require
ment Of confession OF judgment I'm the
suits az law. the court should not have
required the confession 10 be uncOndi-
tionally made. but should have expressly
provided I'm rs order that the t~gment
so confessed was thereafter 10 be dealt
with as the court OF equity might direct
Anderson VS.. Phlegar. trustee. From the
Circuit Court OF Montgomery county. Re
versed. Opinion by Judge Cardwell.
Snowalter vs.. hambrick From the Cir
cut court or Floyd county. Reversed
opinion by Judge Coldwell.
Blggs vs.. Elnston Development Com
pany. From the Circuit Court Of Mont
gomery county. opinion by Judge Keith.
Reversed.
Tnls is bill 10 enforce a vendors lien
upon $50 acres OF land sold by the plain