· 9/30/1994
T.W. Morton Builders Inc. v. Von Buedingen
Citations
- 450 S.E.2d 87
- 316 S.C. 388
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding “may” was mandatory in a provision dealing with attorney’s fees secured by a mechanic’s lien
- holding the provision in § 29-5-10 which states the prevailing party in a mechanic’s lien action “may” recover attorney fees is to be interpreted as mandatory
- noting that, when interpreting statute, court may use statute's title to show legislative intent
- while also examining legislative intent, concluding that “may” referred to power of claimant, not to discretion of court
- A manifest purpose of Section 29-5-20 is the protection of one not a party to a contract with the owner, who furnishes labor or material in the improvement of the owners property, by giving him a lien for such labor or material.
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.