Legal Opinion

Heimberger v. Harrison

Missouri Court of Appeals

Decided March 13, 1900PublishedCited by 2 opinions

Appeal from the Phelps Circuit Court. — Ho». L. B. Woodside, Judge. (1) This is an action in which it is sought to foreclose a mechanic’s lien as appears by the amended statement filed in the circuit court. The lien, therefore, must be established by complying with every statutory requirement.

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Appeal from the Phelps Circuit Court. — Ho». L. B. Woodside, Judge. (1) This is an action in which it is sought to foreclose a mechanic’s lien as appears by the amended statement filed in the circuit court. The lien, therefore, must be established by complying with every statutory requirement. The notice must be given ten days before the filing of the lien, as provided by section 6723 of the Eevised Statutes of 1889, notifying the owner that he holds a claim against such building, as this is a sub-contractor that is seeking to enforce the lien. Huett v. Truitt, 23 Mo. App. 443; Dolye v.…

1Opinion of the CourtBond, J.

This suit to enforce a mechanic’s lien was begun and tried before a justice, appealed to the circuit court, where plaintiff had judgment establishing the lien claimed, and thence appealed by defendant to this court.

The cardinal question in this case is whether the initial statement in the justice’s court was sufficient by averment, or intention ascertainable from averments, to set forth a cause of action for a lien against the property described therein? Eor if it was totally lacking in this respect the subsequent amendment of the statement in the circuit court should not have been allowed.…

2Cases cited2 opinions

  1. Dowdy v. WambleSupreme Court of Missouri · 1892
  2. Brennan v. McMenamyMissouri Court of Appeals · 1899

3Cited by2 opinions

  1. George F. Robertson Plastering Co. v. AltmanSupreme Court of Missouri · 1968
  2. Clark Williams Realty Co. v. BriggsMissouri Court of Appeals · 1912

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