Davis v. Schuler
Supreme Court of Missouri
Error to St. Louis Land Court. This was an action on a mechanic’s lien. The petition, filed October 16,1860, alleged that the defendant Charles Schuler was the contractor of the defendant Louis Peters for the erection of the house described in the petition; that said Schuler contracted with plaintiffs to furnish the materials and do the brick work thereof; that said Schuler was justly indebted to them in the sum of $915 for work and labor done on, and materials furnished for…
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Error to St. Louis Land Court. This was an action on a mechanic’s lien. The petition, filed October 16,1860, alleged that the defendant Charles Schuler was the contractor of the defendant Louis Peters for the erection of the house described in the petition; that said Schuler contracted with plaintiffs to furnish the materials and do the brick work thereof; that said Schuler was justly indebted to them in the sum of $915 for work and labor done on, and materials furnished for the erection of, said building, and also contained all allegations necessary to constitute a cause of action, and…
1Opinion of the Court
,.Wagner, Judge,
delivered the opinion of the court.. The only question presented in this case is, whether the first lien filed was a good and valid lien. If it was, then within the principle of Mulloy v. Lawrence, 31 Mo. 583, the second lien was a nullity, as the plaintiff could have but one lien for the same demand.
By the mechanics’ lien law applicable to St. Louis county, every person, except the original contractor, who may wish to avail himself of the benefits o£ the act, must give ten days’ notice before the filing of the lien, to the owner or agent of the property on which the lien is…
2Cases cited1 opinion
- Mulloy v. LawrenceSupreme Court of Missouri · 1862
3Cited by5 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- H. B. Deal Construction Co. v. Labor Discount Center, Inc.Supreme Court of Missouri · 1967
- Mouat v. FisherMichigan Supreme Court · 1895
- Battle v. McArthurU.S. Circuit Court for the District of Eastern Missouri · 1891
- Barnett's v. ClooneyMissouri Court of Appeals · 1896