Hayden v. Wulfing
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, George W. Lubke, Judge. There is no proper account filed. An account should be so stated that the defendant may be advised what is claimed for each item, so that he may make a defence. He is entitled to know, when it is claimed the items were furnished and which item was furnished last, and when, so that he may make his defence, if that item was furnished more than four months before the filing of the lien. Lowis v. Goiter, 6 Mo.
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Appeal from the St. Louis Circuit Court, George W. Lubke, Judge. There is no proper account filed. An account should be so stated that the defendant may be advised what is claimed for each item, so that he may make a defence. He is entitled to know, when it is claimed the items were furnished and which item was furnished last, and when, so that he may make his defence, if that item was furnished more than four months before the filing of the lien. Lowis v. Goiter, 6 Mo. App. 55; Gole v. Barrow 8 Mo. App. 511; Heinrich n. Gardt Q. S.,8 Mo. App. 588. It is immaterial that the plaintiff was a…
1Opinion of the CourtRombauer, J.
In this action, which was brought by sub-contractors to enforce their mechanic’s lien against the property benefited by the work and materials furnished, the court below rendered judgment against the contractor and against the property.
Prom this judgment the owner alone appealed, and *355now assigns for errors, (1) that the court improperly struck out part of his answer; (2) that the court improperly admitted the lien account in evidence against his objections ; and, (3) that the plaintiff’s petition states no cause of action sufficient to charge the property, because it fails to aver that it was…
2Cases cited11 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Winslow v. UrquhartWisconsin Supreme Court · 1875
- Putnam v. RossSupreme Court of Missouri · 1870
- Pool v. Wedemeyer & SchulteTexas Supreme Court · 1882
- Bradish v. JamesSupreme Court of Missouri · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Bruns v. BraunMissouri Court of Appeals · 1889
- Noll v. KenneallyNebraska Supreme Court · 1893
- Fruin-Bambrick Construction Co. v. JonesMissouri Court of Appeals · 1894
- Kern v. PfaffMissouri Court of Appeals · 1891
9 more not listed; retrieve them via the Exa API.