Daniel v. Vasquez

Citations

• 9 Teiss. 300

Syllabus

<p>ON MOTION TO DISMISS.</p> <p>In computing the time in which a suspensive appeal may be taken, neither the day on which .the judgment was signed nor that on viliiuh the appeal was taken arc-included.</p> <p>I. No such privity exists between those furnishing material to a building contractor and the owner as to enable the latter to bind or estop the former by his declarations or admissions.</p> <p>■ 2. A building is not completed within the meaning of Act 134 of 1906 until it is ready for final delivery and has been tendered to the owner and he has accepted the same, or is in default for not having done so.</p> <p>3. R. C. C., Arts. 2772, et seq., authorizing laborers, material-men, etc., to arrest in the hands of the owner by the service of attested accounts funds belonging to the contractor, are not in conflict with and were not repealed by Act 134 of 1906, the Statute being merely supplementary thereto.</p> <p>4. A party will not be relieved of the costs of appeal where the sole amendment of the judgment covers a minor or clerical error that would have been corrected in the lower Court had its attention been seasonably directed thereto.</p>