Cahill, Collins & Co. v. Orphan School of the Christian Church
Missouri Court of Appeals
Appeal from the Gallatv.ay Circuit Court. — Hon. John A. Hockaday, Judge. (1) • The circuit court should not have admitted any testimony, for the reason: First, the description of the land in the petition and lien paper is not sufficient; there should be “a true description of the property, or so near as to identify the same;” second, nor is the account sufficiently set out; it is not,“a just and true account” “after all credits had been given.”
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Appeal from the Gallatv.ay Circuit Court. — Hon. John A. Hockaday, Judge. (1) • The circuit court should not have admitted any testimony, for the reason: First, the description of the land in the petition and lien paper is not sufficient; there should be “a true description of the property, or so near as to identify the same;” second, nor is the account sufficiently set out; it is not,“a just and true account” “after all credits had been given.” There are no dates stated by which it can be ascertained when the items in the first section of the account were furnished. Statutes, 1889, section…
1Opinion of the CourtSmith, P. J.
This is an action which was brought by plaintiffs to enforce a mechanics’ lien for labor and materials furnished in the erection of a heating apparatus for defendant. There was a trial resulting in judgment for plaintiff, to reverse which, defendant appealed.
The defendant complains of the action of the trial court in permitting plaintiff, over its objection, to introduce any evidence, on the ground (1) that there is no sufficient description of the land in the petition. *31The description so objected to is as follows: “One acre of ground in the west one half of the southeast quarter of section…
2Cases cited14 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Grace v. NesbittSupreme Court of Missouri · 1891
- Rude v. MitchellSupreme Court of Missouri · 1888
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Springfield Planing Mill, Lumber & Construction Co. v. KrebsMissouri Court of Appeals · 1917
- National Press Brick Co. v. W. H. Lester Construction Co.Missouri Court of Appeals · 1913
- Baker v. SmallwoodMissouri Court of Appeals · 1912
- O'Shea v. O'SheaMissouri Court of Appeals · 1901