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← 272 Ala. 640 - Mazel v. Bain

Mazel v. Bain’s Empirical Analysis

1961

Citation profile

50
cited by 50 later decisions
9
states following
February 1996
most recently cited

48 state decisions

How this case has been cited

Cited by 50 later decisions — most recently February 1996 · most notably 587 So. 2d 1072 - Parker v. State (1991), Haz-Mat Response, Inc. v. Certified Waste Services Ltd. (1996)

48 state decisions

3001961197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Baker Sand & Gravel Co. v. Rogers Plumbing & Heating Co. · Scott v. Goldinghorst · Wilkinson v. Rowe · Floyd v. Rambo · Bates v. Harte

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"This court said in Floyd v. Rambo, 250 Ala. 101 , 33 So.2d 360 , 362: "`The general policy of the statute is to secure to the materialman and laborer a just reward of his labor and material and is based upon the general equitable principle that one should not enjoy the benefits thereof without making just compensation therefor....' And in our late case of Wilkinson v. Rowe, 266 Ala. 675 , 98 So.2d 435, 437 [(1957)], we quoted from Montandon & Co. v. Dean, 14 Ala. 33 [(1848)], as follows: "`... This act should receive a liberal contruction, as it is but an extension of the doctrine of lien, so much favored by the courts, as consonant with every principle of equity and justice as applied to personal property. Cross on Law of Lien, 24. The intention of the act was, to give to the mechanic who had expended his labor and furnished materials in improving the ground of another, a prior right of satisfaction by a lien upon the building, and the interest of the party contracting for its erection, in the land so improved ...' [Emphasis supplied in Mazel .] "It is argued that since a mechanic's lien is of statutory origin and `is in derogation of the common law, it is to be strictly construed, all matters of substance of necessity to be complied with.' Tanner v. Foley Bldg. & Mfg. Co., 254 Ala. 476 , 48 So.2d 785, 787 [(1950)]. This strict construction is not applied to the theory of the statute but to the technical requirements of the statute to make the lien effective, such as, certa”
    1 later decision quote this exact passage
  2. ““§ 37 Lien declared. — Every mechanic, person, firm, or corporation who shall do or perform any work, or labor upon, or furnish any material, fixture, engine, boiler, or machinery for any building or improvement on land, or for repairing, altering, or beautifying the same, under or by virtue of any contract with the owner or proprietor thereof, or his agent, architect, trustee, contractor, or subcontractor, upon complying with the provisions of this article, shall have a lien therefor on such building or improvements and on the land on which the same is situated, to the extent in ownership of all the right, title, and interest therein of the owner or proprietor, and to the extent in area of the entire lot or parcel of land in a city, town or village; or if not in a city, town or village, of one acre in addition to the land upon which the building or improvement is situated; . . . ””
    1 later decision quote this exact passage
  3. “This court said in Floyd v. Rambo, 250 Ala. 101 , 33 So.2d 360 , 362:”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.