Wholesale Produce & Truckers Ass'n of Alabama, Inc. v. Mazer, 6 Div. 731.
| Decision Date | 23 January 1941 |
| Docket Number | 6 Div. 731. |
| Citation | 199 So. 827,240 Ala. 491 |
| Parties | WHOLESALE PRODUCE & TRUCKERS ASS'N OF ALABAMA, INC., v. MAZER. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Jefferson County; Leigh M. Clark, Judge.
Suit in equity by B. Mazer against the Wholesale Produce & Truckers Association of Alabama, Incorporated, and others, to enforce a materialman's lien. From a decree overruling a demurrer to the bill, named respondent appeals.
Affirmed.
Clifford Emond, of Birmingham, for appellant.
E. M. Zeidman, of Birmingham, for appellee.
This appeal is by the Wholesale Produce & Truckers Association of Alabama, Inc., from an interlocutory decree overruling its demurrer to the bill filed by B. Mazer.
The bill was filed by Mazer claiming in his own right, and as assignee of the interest of one W. C. Porter, to enforce a materialman's lien on the improvements on the "south side of Block 243," according to the survey of Elyton Land Company, for material furnished under contract with appellant.
The brief filed by appellant has this, and only this, to say in support of the assignments of error:
We are of the opinion that the foregoing is not a sufficient insistence to support the assignments of error, and that said assignments are waived.
We are further of the opinion that the demurrers are not well taken and were properly overruled. Code 1923, §§ 8832, 8935; Gilbert v. Talladega Hardware Co., 195 Ala. 474, 70 So. 660.
Affirmed.
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Nolan v. Moore
...v. Mackentepe, 224 Ala. 372, 140 So. 550; Looney et al. v. Blackwood, 224 Ala. 342, 140 So. 400; Wholesale Produce & Truckers Association of Ala., Inc., v. Mazer, 240 Ala. 491, 199 So. 827. The complainant and the respondent are both uneducated colored women. The respondent can neither read......