Lucas v. Samford, 135 So. 576 (Ala. 1931). · Go Syfert
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Lucas v. Samford, 135 So. 576 (Ala. 1931). Cases Citing This Book View Copy Cite
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Lucas
v.
Samford.
7 Div. 63..
Supreme Court of Alabama.
Jun 18, 1931.
Published opinion
135 So. 576
1931 Ala. LEXIS 203
L. H. Ellis, of Columbiana, for appellant. On all actions for work and labor done, the actions may be brought in the county in which the work was done. Code 1923, § 10468; Gay v. Cummings, 219 Ala. 324 , 122 So. 313 ; Id., 23 Ala. App. 8 , 122 So. 313 . Rushton, Crenshaw Rushton, of Montgomery, for appellee. Section 10468, being in derogation of the common law, should be strictly construed. Such a construction should restrict the exception of this statute to work and labor done in respect to easements and rights of way. In neither count of the complaint is it averred that the work was done in Shelby county. Code 1923, § 10467; Gilbert v. Talladega Wdw. Co., 195 Ala. 474 , 70 So. 660 ; 25 R. C. L. 1054; King v. Burns Det. Agcy., 151 La. 211 , 91 So. 681 .
Gardner, Anderson, Bouldin, Foster.
Cited by 2 opinions  |  Published
GARDNER, J.

The action in counts 2 and 3 was for work and labor done. Defendant’s plea in abatement to the effect that he was a resident of Montgomery county was insufficient and subject to the demurrer interposed thereto for failure to aver that the work and labor was not done in Shelby county where the suit was brought. Such an action may be maintained in the county where the work was done under the express provision of section 10468, Code 1923. Gay v. Cummings, 23 Ala. App. 8, 122 So. 313.

The court erred in overruling the demurrer to these pleas, and the judgment will accordingly be here reversed, the nonsuit set aside, and the cause restored to the docket for further proceedings in said court.

Reversed and remanded.

ANDERSON, C. J., and BOULDIN and FOSTER, JJ., concur.