N. & W. R. R. v. Howison

Citations

• 81 Va. 125
• 1885 Va. LEXIS 17

Syllabus

<p>1. Mechanics’ Liens—Declarations— Defences.—In declarations by sub-contractor against owner under mechanics’ lien law, it is unnecessary to aver that account, alleged to have been furnished defendant, was approved by general contractor ; or that latter, after ten days’ notice thereof, had failed to object to it; or that same had been ascertained to be due from latter to sub-contractor, according to section six. These are matters of defence. Nor is it necessary to aver when alleged notice was given defendant; nor that, when notice was given, he owed anything to general contractor. Code 1873, ch. 115 ; Acts 1874-5, ch. 351, p. 187.</p> <p>2. Idem— Notice and affidavit—Oivner's liability.—Notice and affidavit having been furnished, as required by law, by sub-contractor to owner, the latter is liable to former for amount named in the affidavit regardless of state of accounts between owner and general contractor. Acts 1874-5, § 5, p. 437; R. L. I. Co. v. Karn & Hickson, 80 Va., p.589.</p> <p>3. Idem—Notice—Affidavit.—Notice may be furnished owner by subcontractor at any time between doing the labor or furnishing the materials, and twenty days after building is completed or work otherwise terminated. But affidavit must be furnished within said period of twenty days. Railroad v. Miller, 80 Va. 821.</p>