SCHOOL DIST. NO. 27 v. GRAHAM

SCHOOL DIST. NO. 27 v. GRAHAM
1915 OK 78
146 P. 213
45 Okla. 531
Case Number: 3998
Decided: 02/02/1915
Supreme Court of Oklahoma

SCHOOL DIST. NO. 27, CRAIG COUNTY
v.
GRAHAM.

Syllabus

¶0 MECHANICS' LIENS--Property Subject--Public Buildings. A mechanics' lien will not attach to public buildings of this state or any subdivision thereof in the absence of a statute authorizing the same.

Error from District Court, Craig County; Preston S. Davis, Judge.

Action by J. H. Graham against School District No. 27, Craig County. Judgment for plaintiff, and defendant brings error. Reversed, with directions to enter judgment for defendant.

Riddle & Bennett, for plaintiff in error.
W. H. Kornegay, for defendant in error.

HARDY, J.

¶1 Judgment was rendered in this case against plaintiff in error in favor of defendant in error, decreeing a mechanic's lien upon the schoolhouse of plaintiff in error in Craig county, Okla., in the sum of $ 262.90, and ordering said property appraised and sold for the satisfaction of said judgment.

¶2 The sole question presented by this appeal is the right of defendant in error to have a judgment decreeing a lien upon the schoolhouse for the amount of his debt. This contention has been settled adversely to defendant in error by several former decisions of this court. Hutchinson v. Krueger et al., 34 Okla. 23, 124 P. 591, 41 L. R. A. (N. S.) 315, Ann. Cas. 1914C, 98; Western Terra Cotta Co. et al. v. Board of Education of Shawnee et al., 39 Okla. 716, 136 P. 595; Minnetonka Lumber Co. v. Board of Education of City of Sapulpa, 41 Okla. 541, 139 P. 284.

¶3 The judgment of the lower court is reversed, with directions to enter judgment in favor of plaintiff in error.

¶4 All the Justices concur.