Holland v. Cunliff
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. William Zachritz, Judge. (1) After the discharge of defendant Cunliff, in bankruptcy, from the legal obligation of the contract, this court can not render a judgment for the amount of the debt against them, and inasmuch as the lien is an incident to the judgment against the contractors, against whom an execution must issue, and a return nulla bona be had before proceeding against the property, how is it possible for a court to…
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Appeal from St. Louis City Circuit Court. — Eon. William Zachritz, Judge. (1) After the discharge of defendant Cunliff, in bankruptcy, from the legal obligation of the contract, this court can not render a judgment for the amount of the debt against them, and inasmuch as the lien is an incident to the judgment against the contractors, against whom an execution must issue, and a return nulla bona be had before proceeding against the property, how is it possible for a court to sustain a mechanic’s lien when there is no contract upon which a personal judgment can be rendered against the…
1Opinion of the CourtBarclay, J.
Plaintiff brought this actidn to *72enforce a mechanic’s lien for labor and material furnished to certain buildings in the city of St. Louis. Charles Cunliff and Benjamin Cunliff as partners, under the firm name of Cunliff Brothers, were the owners with whom plaintiff dealt. The other defendants are Margaret Langan, William J. Langan, Charles C. Nicholls, trustee, Samuel C. Buckingham, Henry C.Crawford, trustee, B. J. Neiderlander, Cabanne Realty Company, a corporation, and the Nicholls-Ritter Realty & Financial Company, a corporation, possessing various interests in the real property sought to…
2Cases cited23 opinions
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Grace v. NesbittSupreme Court of Missouri · 1891
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Russell v. GrantSupreme Court of Missouri · 1894
18 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- True v. Hi-Plains Elevator MacHinery, Inc.Wyoming Supreme Court · 1978
- Roy F. Stamm Electric Co. v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1943
- Matter of KrahnUnited States Bankruptcy Court, E.D. Wisconsin · 1981
- Cámara Insular de Comerciantes Mayoristas v. AnadónSupreme Court of Puerto Rico · 1961
- Cork Plumbing Co. v. Martin Bloom Associates, Inc.Missouri Court of Appeals · 1978
19 more not listed; retrieve them via the Exa API.