Dallas v. Brown
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) A lien ean not be had for work done or mateterials furnished unless within the purview of the statute. Phillips on Mechanics’ Liens, sec. 15; Eclgar v. Salisbury, 17 Mo. 271, 272. The term “improvement” as used in the statute is synonymous with “building.” Collins v. Mott, 45 Mo. 100; Meistrell & Co. v. Beach, 56 Mo.
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Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (1) A lien ean not be had for work done or mateterials furnished unless within the purview of the statute. Phillips on Mechanics’ Liens, sec. 15; Eclgar v. Salisbury, 17 Mo. 271, 272. The term “improvement” as used in the statute is synonymous with “building.” Collins v. Mott, 45 Mo. 100; Meistrell & Co. v. Beach, 56 Mo. App. 243. Fences and sidewalks are held not lienabl'e unless built under one entire contract for their construction in conjunction with the building to which they are appurtenant. McBermott v. Claas, 104 Mo.…
1Opinion of the CourtSmith, P. J.
This is an action on a mechanic’s lien. The cause was sent to a referee, who in due time filed his report. Five days after filing the report by the referee, defendants filed their exceptions thereto. But we can not notice the exceptions, since the same were not filed as required by statute within four days after the filing of the report of the referee. R. S., sec. 2154. The record does not show upon what ground the exceptions were overruled by the court below, but we may presume that it was because the same was not timely filed. Reinecke v. Jod, 56 Mo. 386.
Besides this, it is apparent from…
2Cases cited5 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Rude v. MitchellSupreme Court of Missouri · 1888
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Singer Manufacturing Co. v. GivensMissouri Court of Appeals · 1889
- Reinecke v. JodSupreme Court of Missouri · 1874
3Cited by2 opinions
- State ex rel. Wayne County v. WoodsSupreme Court of Missouri · 1911
- Cahill, Swift & Co. v. McCornishMissouri Court of Appeals · 1898