Holzhour v. Meer
Supreme Court of Missouri
Error to St. Louis Circuit Court. The judgment is conclusive and binding, unless reversed or modified upon appeal, although it may be manifest that the judgment was erroneous, because the justice had jurisdiction of the “'subject matter” of mechanic’s liens. (Ereem. Judem., § 135; 33 111., 166; 1 Allen, 448; 12 Cal., 128; 3 Pet., 193 ; 19 Md., 375.) II. The mechanic has his election under the statute, and may proceed against the land alone.
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Error to St. Louis Circuit Court. The judgment is conclusive and binding, unless reversed or modified upon appeal, although it may be manifest that the judgment was erroneous, because the justice had jurisdiction of the “'subject matter” of mechanic’s liens. (Ereem. Judem., § 135; 33 111., 166; 1 Allen, 448; 12 Cal., 128; 3 Pet., 193 ; 19 Md., 375.) II. The mechanic has his election under the statute, and may proceed against the land alone. The complaint filed with the justice shows that the work of the plaintiffs was for “improvements” upon this land. The mechanic who excavates a cellar has…
1Opinion of the CourtWagner, Judge
In pursuance of the act of 1871, (Wagn. Stat., 811a, ed. of 1872) the plaintiffs instituted a proceeding before a justice of the peace iu St. Louis County, for the purpose of enforcing a mechanics’ lien. The justice gave a judgment accordingly, and a transcript thereof was duly filed with the clerk of the Circuit Court. Hpon the transcript an execution was issued, which was afterwards set aside and quashed, and the plaintiffs sued out their writ of error.
It is contended by the plaintiffs that the decision of the Circuit Court was wrong, as the justice acquired jurisdiction over the case, and…
2Cited by10 opinions
- Vasquez v. Village Center, Inc.Supreme Court of Missouri · 1962
- Humboldt Lumber Mill Co. v. CrispCalifornia Supreme Court · 1905
- Bruns v. BraunMissouri Court of Appeals · 1889
- Ewing v. DonnellyMissouri Court of Appeals · 1885
- State ex rel. South St. Joseph Town Co. v. MosmanMissouri Court of Appeals · 1905
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