Uhrich v. Osborn
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) In an action at law, the findings of the court stand upon the same footing as the verdict of a jury; State ex rel. Friedman v. Purcell, 131 Mo. 312; Magee v. Burch, 108 Mo. 336. Either will he reversed on appeal, if not supported hy substantial evidence. Hewitt v. Steele, 136 Mo. 334; Freeman v. Hemanway, 75 Mo„ App. 629; Long v. Moon, 107 Mo. 338; Flynn v. Wacker, 151 Mo. 552; Peffer v. Eailway, 98 Mo.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) In an action at law, the findings of the court stand upon the same footing as the verdict of a jury; State ex rel. Friedman v. Purcell, 131 Mo. 312; Magee v. Burch, 108 Mo. 336. Either will he reversed on appeal, if not supported hy substantial evidence. Hewitt v. Steele, 136 Mo. 334; Freeman v. Hemanway, 75 Mo„ App. 629; Long v. Moon, 107 Mo. 338; Flynn v. Wacker, 151 Mo. 552; Peffer v. Eailway, 98 Mo. App. 291. (2) It is well settled, however, that the conclusion in the lien account of items which are not lienahle because…
1Opinion of the CourtEllison, J.
This is an action to enforce a mechanic’s lien for material furnished to a contractor to go into a building built for and owned by defendant DeVoe. The judgment was against the contractors but in favor of DeVoe as to the lien. Plaintiff appealed.
The cause was tried before the court without the aid of a jury. There was no finding of facts nor declarations of law. We are thus left to determine whether there was any evidence to uphold the judgment denying the lien. There can be but two reasons assigned in favor of the judgment; one, that plaintiff himself vitiated the' lien by including therein…
2Cases cited4 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Ittner v. HughesSupreme Court of Missouri · 1896
- May v. CrawfordSupreme Court of Missouri · 1899
- Schroeder v. FrederickMissouri Court of Appeals · 1888
3Cited by5 opinions
- Winters v. MarchTennessee Supreme Court · 1917
- Farmington Building Supply Co. v. L. D. Pyatt Construction Co.Missouri Court of Appeals · 1981
- Landreth Machinery Co. v. RoneyMissouri Court of Appeals · 1915
- Patton v. HardisonCourt of Appeals of Tennessee · 1936
- Warren v. Farmers Mutual Fire InsuranceMissouri Court of Appeals · 1908