Henry v. Hinds
Missouri Court of Appeals
Appeal from Jackson Circuit Court, I-Ion. P. M. Black, J. Statement of case by the court. This is an action to enforce a mechanic’s lien. The petition alleges in substance, that the defendant, E. P. Hinds, is indebted to plaintiffs in the sum of $760.96 for materials furnished by them at the request of and under a contract with said Hinds.
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Appeal from Jackson Circuit Court, I-Ion. P. M. Black, J. Statement of case by the court. This is an action to enforce a mechanic’s lien. The petition alleges in substance, that the defendant, E. P. Hinds, is indebted to plaintiffs in the sum of $760.96 for materials furnished by them at the request of and under a contract with said Hinds. The petition then sets out the account in full, beginning on the 20th day of July, 1881, and ending on the 2d day of March, 1882, aggregating'SljOSO^ , with credits amounting to $1,169.96, leaving a balance of $760.96. That said materials were furnished for…
1Opinion of the Court
Opinion by
Philips, P. J.
1. It is insisted by appellant (defendant below) that the court erred in refusing the sixth instruction asked by her. This instruction announced a correct proposition of law, and there was evidence to support it. Livermore v. Wright, 33 Mo. 31; Phillips on Mechanics? Liens, sec*508tions 822 and 324. Bnt the difficulty in defendant’s way is that she has not, in my opinion, sufficiently raised this issue by her answer. Instructions must be framed with regard to the issues made in the pleading. Benson v. R. R. Co., 78 Mo. 504. The petition, in conformity with the statutory…
2Cases cited15 opinions
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Chapin v. Persse & Brooks Paper WorksSupreme Court of Connecticut · 1862
- Livermore v. WrighSupreme Court of Missouri · 1862
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- Bowen v. AubreyCalifornia Supreme Court · 1863
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3Cited by6 opinions
- Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
- Hightower v. BaileyCourt of Appeals of Kentucky · 1900
- Kansas City Planing Mill Co. v. BrundageMissouri Court of Appeals · 1887
- Pullis v. HoffmanMissouri Court of Appeals · 1888
- Chilton v. LindsayMissouri Court of Appeals · 1889
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