Legal Opinion

Steinmann v. Strimple

Missouri Court of Appeals

Decided February 28, 1888PublishedCited by 20 opinions

Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. The court erred iu admitting in evidence the subcontractor’s notice, because it failed to state the names of the persons or firm from whom the debt of plaintiffs was due. Rev. Stat., sec. 3190. Nór can this requirement be frittered away by loose construction. Ryan v. Kelley, 9 Mo. App. 398. The giving of a proper notice is a jurisdictional fact essential to a recovery by plaintiffs. Hewett x>. Truitt, 23 Mo.

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Appeal from the St. Louis Circuit Court, Hon. Daniel Dillon, Judge. The court erred iu admitting in evidence the subcontractor’s notice, because it failed to state the names of the persons or firm from whom the debt of plaintiffs was due. Rev. Stat., sec. 3190. Nór can this requirement be frittered away by loose construction. Ryan v. Kelley, 9 Mo. App. 398. The giving of a proper notice is a jurisdictional fact essential to a recovery by plaintiffs. Hewett x>. Truitt, 23 Mo. App. 443. The name of the firm specified in the notice is not the one with whom the owner’s contract was made. Nor is…

1Opinion of the Court

Thompson, J.,

delivered the opinion of the court.-

This was an action by a firm of subcontractors to enforce a mechanic’s lien. The principal contractors did not appear, and there was a judgment by default as to them. The owners, and the grantee and beneficiary in a deed of trust, appeared and answered by a general denial merely. A trial by jury resulted in a verdict and judgment for the plaintiff, establishing the lien and awarding a special execution against the property in the usual manner. From this judgment the owner alone appeals.

The question which arises upon the record will best be…

2Cases cited15 opinions

  1. Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
  2. Butler v. LawsonSupreme Court of Missouri · 1880
  3. Skelton v. SackettSupreme Court of Missouri · 1886
  4. Dunn v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
  5. State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878

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3Cited by20 opinions

  1. Gill v. MoreSupreme Court of Alabama · 1917
  2. Vasquez v. Village Center, Inc.Supreme Court of Missouri · 1962
  3. Russell v. GrantSupreme Court of Missouri · 1894
  4. Continental Electric Company v. Ebco, IncorporatedSupreme Court of Missouri · 1964
  5. Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906

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