Graves v. Pierce
Supreme Court of Missouri
Appeal from, Linn Circuit Court. I. The affidavit filed for plaintiff in the office of the clerk of the Circuit Court of Linn County, was insufficient to create a lien on the property. (W. S., 909, § 5 ; McWilliams vs. Allan, 45 Mo., 573.) ' I. It is not necessary that the original account of the demand, or a copy thereof, “(filed for the purpose of securing the lien,)” should have been filed with the plaintiffs petition.
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Appeal from, Linn Circuit Court. I. The affidavit filed for plaintiff in the office of the clerk of the Circuit Court of Linn County, was insufficient to create a lien on the property. (W. S., 909, § 5 ; McWilliams vs. Allan, 45 Mo., 573.) ' I. It is not necessary that the original account of the demand, or a copy thereof, “(filed for the purpose of securing the lien,)” should have been filed with the plaintiffs petition. It is sufficient that the petition distinctly alleges “ the facts necessary for securing the lien.” (2 W. S., 909, § 8 ; 27 Mo., 264.) II. The taking of the note for the…
1Opinion of the CourtVories, Judge
This action was brought to enforce a mechanic’s lien.
*424The petition states, that in May, 1868, the defendant became indebted to the plaintiff in the sum of one thousand and twenty-five dollars, for machinery furnished defendant at his request; that said machinery was used by defendant in the erection and furnishing of a certain mill claimed by him, and in his possession, in the county of Linn, and State of Missouri ; that the indebtedness was evidenced by the note of deféndant filed with the petition ; that the particulars of the indebtedness would more fully appear by the statement and…
2Cases cited7 opinions
- Cresson v. StoutNew York Supreme Court · 1819
- McWilliams v. AllanSupreme Court of Missouri · 1870
- Taffe v. WarnickIndiana Supreme Court · 1832
- Hause v. CarrollSupreme Court of Missouri · 1866
- Finney v. WatkinsSupreme Court of Missouri · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rude v. MitchellSupreme Court of Missouri · 1888
- Springfield Foundry & Machine Co. v. ColeSupreme Court of Missouri · 1895
- Progress Press Brick & Machine Co. v. Gratiot Brick & Quarry Co.Supreme Court of Missouri · 1899
- Millis v. Scottish Union & National InsuranceMissouri Court of Appeals · 1902
- Richardson v. KochSupreme Court of Missouri · 1883
10 more not listed; retrieve them via the Exa API.