Dalton v. Shaffner
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. There can be but one lien filed for the same demand. Malloy v. Lawrence, 31 Mo. 583; Davis v. Schuler, 38 Mo. 28. Notice to owner must be given by subcontractor at least ten days before filing lien. R. S., sec. 3190; Tower v. Remick, 19 Mo. App. 205. Mechanic’s liens in the absence of express statutory provision do not. admit of amendment. Phillips on Mech.
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Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalliant, Judge. There can be but one lien filed for the same demand. Malloy v. Lawrence, 31 Mo. 583; Davis v. Schuler, 38 Mo. 28. Notice to owner must be given by subcontractor at least ten days before filing lien. R. S., sec. 3190; Tower v. Remick, 19 Mo. App. 205. Mechanic’s liens in the absence of express statutory provision do not. admit of amendment. Phillips on Mech. Liens, sec. 45. Motion for new trial' on ground ot surprise must show that the party at the time of the alleged surprising circumstances did something to…
1Opinion of the CourtThompson, J.
The sole question for decision is whether the court erred in refusing to grant a new trial which the defendants claimed on the ground of surprise. The action was to enforce a mechanics’ lien. The claim of lien, which was put in evidence by the plaintiff, bears date March 5, 1889, and shows that notice of the intention to file the lien was given December 13, 1888. The affidavits in support of the motion for new trial show that this notice was the only one which was given; that in pursuance of it a claim of lien was filed on the twenty-fourth day of December, 1888, which was the only claim of…
2Cases cited2 opinions
- Bragg v. City of MoberlyMissouri Court of Appeals · 1885
- Albert v. SeilerMissouri Court of Appeals · 1888