Roanoke Land & Improvement Co. v. Karn & Hickson

Citations

• 80 Va. 589
• 1885 Va. LEXIS 97

Syllabus

<p>1. Appellate Court — Record—Certificate.—Nothing, not made part of the record by bill of exceptions, or by order of the court, can be regarded as such by the appellate court. The clerk can add nothing to the record, and his certificate that a deposition or other paper' copied by him, was the evidence whereon the judgment was -founded, is no part of the record.</p> <p>2. Idem — Pleadings—Demurrer—Jeofails.—Judgment will not be reversed for defect, imperfection, or omission in the pleadings, unless in court below there was a demurrer. Code 1873, ch. 177, 3 3. But a failure to state any cause of action at all, is not cured by-the statute.</p> <p>3. Mechanics’ Lein — Sub contractor — Owner—In suit of sub-contractor against owner for materials furnished general contractor, it is unnecessary to allege that any part of the price agreed to be paid remained due to latter from owner when notice was given. Acts 1874-5, p. 437, 3 5.</p> <p>4. Idem — Notice.—The mechanics’ lien law as amended by act of 1S74-5, p. 437, 3 5, does not require sub-contractor to notify owner at the time the labor is done or the materials are furnished: it is sufficient if the notice be given at any time thereafter, and within twenty days after the building has been completed, or the work otherwise terminated. But he is not obliged to wait until oth-r work on the building, with which he has no concern, is performed, before he gives his notice.</p>