Fink v. Alderson
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of case by the court. Plaintiffs, respondents here, obtained judgment in a justice’s court against one T. Stephenson, as the original contractor for the erection of a building.
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Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of case by the court. Plaintiffs, respondents here, obtained judgment in a justice’s court against one T. Stephenson, as the original contractor for the erection of a building. The defendant, D. P. Alderson, was the owner of the property, and- the judgment further enforced a mechanic’s lien against the property of Alderson for the payment of said debt, in favor of plaintiffs, as sub-contractors under Stephenson. On this judgment execution was issued from the justice’s court, and by direction of the defendant, Alderson, a…
1Opinion of the CourtPhilips, P. J.
I. Section 2875, Revised Statutes, in such actions, provides that if the finding be for the plaintiff, and sustaining the lien, the judgment shall be that he recover the amount of the indebtedness found to be due, with costs,' etc., “with the addition that if sufficient property of the debtor cannot be found to satisfy such judgment and costs, the same, or the residue thereof, shall be levied out of the property charged with the lien. But if the finding be for the plaintiff and the lien be not sustained, the judgment shall be in the ordinary form, and may be enforced against the property of…
2Cases cited1 opinion
- Rankin v. CharlessSupreme Court of Missouri · 1854
3Cited by1 opinion
- Farley Bros. v. CammannMissouri Court of Appeals · 1891