Joplin Sash & Door Works v. Shade
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon Hugh Dabbs, Judge. (1) The honest mistake in naming the owner in the lien papers as James D. James instead of John D. James, his correct name, does not invalidate the lien, particularly when said James has been served with the notice of lien and summons, personally, and personally appeared and defended against the lien, and no one was misled or injured by such mistake.
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Appeal from Jasper Circuit Court. — Hon Hugh Dabbs, Judge. (1) The honest mistake in naming the owner in the lien papers as James D. James instead of John D. James, his correct name, does not invalidate the lien, particularly when said James has been served with the notice of lien and summons, personally, and personally appeared and defended against the lien, and no one was misled or injured by such mistake. Gorman v. Dierkes, 37 Mo. 576; Miller v. Faulk, 47 Mo. 262; Lumber Go. v. Clark, 172 Mo. 598; Steinman v. Strimple, 29 Mo.App. 478; Madden y. Eealty Co., 75 Mr. App. 363; Brick Works v.…
1Opinion of the CourtJohnson, J.
— Plaintiffs, who are partners doing business in the name of the Joplin Sash & Door Works, brought this suit before a justice of the peace to enforce a mechanic’s lien for materials furnished under contract with defendant Shade' (the contractor) for a building erected on premises owned by defendant James. Shade, though duly served with summons, failed to appear in the circuit court where the cause was taken by appeal, and personal judgment was rendered against him for the amount of plaintiff’s demand. James appeared and contested the lien. A jury was waived and judgment was entered in favor…
2Cases cited15 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Steinmann v. StrimpleMissouri Court of Appeals · 1888
- Hicks v. ScofieldSupreme Court of Missouri · 1894
- Warner v. Southern Pacific Co.California Supreme Court · 1896
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Avery & Sons v. Woodruff & CahillCourt of Appeals of Kentucky · 1911
- Grainger & Co. v. JohnsonCourt of Appeals for the Sixth Circuit · 1923
- McMillan & Parker v. Ball & Gunning Milling Co.Missouri Court of Appeals · 1915
- Berkshire Lumber Co. v. J. S. Chick Investment Co.Missouri Court of Appeals · 1913
- Carroll Contracting Co. v. NewsomeMissouri Court of Appeals · 1918
2 more not listed; retrieve them via the Exa API.