Schulenburg v. Werner
Missouri Court of Appeals
Error to St. Louis Circuit Court. The account is insufficient.— Lowis v. Gutter, ante, p. 54. No delay can be granted for the purpose of bringing in other defendants not served. — Wag. Stats. 1007, sects. 4, 5 ; p. 1010, sects. 19, 20 ;. Ashburn v. Ayres, 28 Mo. 75. The service of the notice was insufficient. — Wag.
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Error to St. Louis Circuit Court. The account is insufficient.— Lowis v. Gutter, ante, p. 54. No delay can be granted for the purpose of bringing in other defendants not served. — Wag. Stats. 1007, sects. 4, 5 ; p. 1010, sects. 19, 20 ;. Ashburn v. Ayres, 28 Mo. 75. The service of the notice was insufficient. — Wag. Stats. 911, sect. 19; Brown v. Brown, 2 Sneed, 431; Masterson v. Be Glaire, 4 Minn. 163. The notice given was sufficient. — Hassett v. Rush, 64 Mo. 327; Jarman v. Humphrey, 36 Md. 361. The fence in question is subject to a mechanic’s lien, as being an “ erection ” or *l…
1Opinion of the CourtHayden, J.
This is a suit to enforce a mechanic’s lien for lumber furnished at the request of the defendant Werner, who was served by publication. The other defendant, Jones, the owner, answered, and admitted that he had a written contract with Werner for the construction of the house, but denied the other allegations of the petition. There was judgment for plaintiffs.
It was objected upon the trial that the account filed with the petition is insufficient in its description of the articles. Some of the items describe lumber, e.g., “ cedar,” “ oak.” In others, there are abbreviations for white pine and…
2Cited by6 opinions
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1905
- Glasco Electric Co. v. Best Electric Co.Missouri Court of Appeals · 1988
- Wilson-Reheis-Rolfes Lumber Co. v. CapronMissouri Court of Appeals · 1909
- Stone v. SullivanSupreme Court of Oklahoma · 1930
- Wilson-Reheis-Rolfes Lumber Co. v. WareMissouri Court of Appeals · 1911
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