Legal Opinion

Carthage Marble & White-Lime Co. v. Bauman

Missouri Court of Appeals

Decided April 7, 1891PublishedCited by 9 opinions

Appeal from the St Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge The estate of a married woman in realty may bo subjected to a mechanics’ lien. If she has personal knowledge of the work, to some extent gives personal directions respecting it, and offers to join in a note for the settlement of the claim (which note is declined),. these facts warrant the affirmance of a judgment sustaining the lien.

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Appeal from the St Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge The estate of a married woman in realty may bo subjected to a mechanics’ lien. If she has personal knowledge of the work, to some extent gives personal directions respecting it, and offers to join in a note for the settlement of the claim (which note is declined),. these facts warrant the affirmance of a judgment sustaining the lien. “ If a married woman looks on approvingly and sees her estate improved by the money and labor of the industrious, it would be a gross injustice to-shield the property thus benefited from…

1Opinion of the CourtBiggs, J.

The circuit court decided that, under the plaintiff’s evidence, it was not entitled to a mechanic’s lien against the real estate of the defendant, Miriam Bauman. The plaintiff took a nonsuit as to the lien; The propriety of this ruling is the only question presented by the record.

We are justified in the statement, that the plaintiff ’ s evidence tended to establish the following state of .facts: That Mrs. Bauman, the wife of her codefendant, *389Meyer Bauman, owned the fee of the lot upon which the dwelling was built; that the defendant Bornschein was the original contractor for the stone work on…

2Cases cited7 opinions

  1. Garnett v. BerryMissouri Court of Appeals · 1876
  2. Kansas City Planing Mill Co. v. BrundageMissouri Court of Appeals · 1887
  3. Collins v. MegrawSupreme Court of Missouri · 1871
  4. Barker v. BerryMissouri Court of Appeals · 1880
  5. Leisse v. SchwartzMissouri Court of Appeals · 1879

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Ball v. Paquin.Supreme Court of North Carolina · 1905
  2. Carthage Marble & White Lime Co. v. BaumanMissouri Court of Appeals · 1893
  3. Kline v. PerryMissouri Court of Appeals · 1892
  4. Chicago Lumber Co. v. MahanMissouri Court of Appeals · 1893
  5. Farley v. StroehMissouri Court of Appeals · 1896

4 more not listed; retrieve them via the Exa API.

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