Legal Opinion

Missouri Valley Lumber Co. v. Weber

Missouri Court of Appeals

Decided January 5, 1891PublishedCited by 2 opinions

Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The requirement of this statute is a matter of substance. The verification is designed to authenticate the claim asserted. The supporting oath is not a mere idle ceremony. Its absence or insufficiency is a defect which goes to validity of the claim,, and is vital in its nature. The objection may be made at any stage of the proceedings to enforce the lien.

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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The requirement of this statute is a matter of substance. The verification is designed to authenticate the claim asserted. The supporting oath is not a mere idle ceremony. Its absence or insufficiency is a defect which goes to validity of the claim,, and is vital in its nature. The objection may be made at any stage of the proceedings to enforce the lien. Hallegan v. Herbert, 2 Daly, 254 ; Conklin v. Wood, 3 E. D. Smith, 662, 666 ; McCabe v. Sumner, 40 Wis. 386, 390 ; Reilly v. Powell, 34 Mo. App. 431. (2) It is proper,…

1Opinion of the CourtG-ill, J.

This is an action to enforce a mechanic’s lien, and the sole question is, as to the sufficiency of the affidavit appended to the account filed with the clerk of the circuit court, as required by that section of the mechanics’ lien law, known now as section 6709, Revised Statutes, 1889. The matters stated in the mechanics’ lien, so filed, are sworn to by J. B. Sullivan, but it is not stated on the face of the affidavit that Sullivan makes the same for, or on behalf of, the alleged lienholder, the said Lumber Company. The petition, however, filed by the plaintiff in the cause does set out that…

2Cases cited3 opinions

  1. Gilkeson v. KnightSupreme Court of Missouri · 1880
  2. Johnson v. GilkesonSupreme Court of Missouri · 1883
  3. Irwin v. EvansSupreme Court of Missouri · 1887

3Cited by2 opinions

  1. Consumers Lumber & Investment Co. v. HayutinSupreme Court of Colorado · 1924
  2. Smith-Anthony Stove Co. v. SpearMissouri Court of Appeals · 1896

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