Nelson v. Withrow
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. The plaintiff, by his-own act, has so mingled his lien claim with his claim fox-which he has no lien, that they can not be separated, and thereby he has deprived himself of the benefit of the law.—Blakey v. Blakey, 27 Mo. 39; Bader v. Bensberg, 6 Mo. App. 445; Kershaw v. Fitzpatrick, 3 Mo.
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Appeal from the St. Louis Circuit Court, Lindley, J. The plaintiff, by his-own act, has so mingled his lien claim with his claim fox-which he has no lien, that they can not be separated, and thereby he has deprived himself of the benefit of the law.—Blakey v. Blakey, 27 Mo. 39; Bader v. Bensberg, 6 Mo. App. 445; Kershaw v. Fitzpatrick, 3 Mo. App. 575; Egan v. Salisbury, 17 Mo. 271. “It is the just and true account,” which by the statute is to be a lien, and where none is filed, there is no lien, in its inception.—McWilliams v. Allan, 45 Mo. 574; Lowis v. Cutter, 6 Mo. App. 54. The lien claim…
1Opinion of the CourtThompson, J.
1. The defendant contends at the outset that there is no bill of exceptions in the record which we can consider. It appears, from the record entries in the transcript, that the original judgment was rendered at the June term, 1882, and that motions for a new trial and in arrest of judgment were filed at the same term, and within four days. It also appears that, at that term, an order was made of record continuing all causes and all motions and demurrers undisposed of until the next term. This carried the motions for a new trial, and in arrest of judgment over to the October term. Then, at the…
2Cases cited12 opinions
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Edgar v. SalisburySupreme Court of Missouri · 1852
- Bevin v. PowellMissouri Court of Appeals · 1881
- Blakey v. BlakeySupreme Court of Missouri · 1858
- West v. FowlerSupreme Court of Missouri · 1874
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3Cited by24 opinions
- Allen v. ElwertOregon Supreme Court · 1896
- Schwartz v. Shelby Construction CompanySupreme Court of Missouri · 1960
- Bremer v. MohrMissouri Court of Appeals · 1972
- Evans Marble Co. v. International Trust Co.Court of Appeals of Maryland · 1905
- Johnson v. Barnes & Morrison Building Co.Missouri Court of Appeals · 1886
19 more not listed; retrieve them via the Exa API.