Center Creek Mining Co. v. Coyne
Missouri Court of Appeals
Appeal from Jasper. Circuit Court. — Hon. David E. Blair, Judge. (1) The rule is that where non-lienable items are included in the mechanic’s lien account filed in the office of the clerk of the circuit court that if they can be easily segregated from the lienable items and if the lienor did not know at the time he filed the account that there was included in it the non-lienable items, the inclusion of such item will not vitiate the lien. Hittrell v. ITopkins, 114 Mo.
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Appeal from Jasper. Circuit Court. — Hon. David E. Blair, Judge. (1) The rule is that where non-lienable items are included in the mechanic’s lien account filed in the office of the clerk of the circuit court that if they can be easily segregated from the lienable items and if the lienor did not know at the time he filed the account that there was included in it the non-lienable items, the inclusion of such item will not vitiate the lien. Hittrell v. ITopkins, 114 Mo. App. 431. (2) Also it is held in the case of Ulrich v. Osborne, 106 Mo. App. 492, that where they are included in the lien…
1Opinion of the CourtNixon, P. J.
This was an action in equity instituted by the Center Creek Mining Company to set aside' and cancel a mechanic’s lien judgment obtained by the defendants, a copartnership, against the Good Shepherd Mining Company, a corporation, and restrain the collection of the same, the plaintiff claiming’ that said judgment was invalid'and that it declared a lien and cast a cloud upon plaintiff’s title. A temporary injunction was issued restraining the collection of the judgment and on final hearing was made perpetual. Defendants have appealed.
The evidence in the case tended to support the allegations of…
2Cases cited23 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Merchants Bank v. EvansSupreme Court of Missouri · 1873
- Lacey v. GiboneySupreme Court of Missouri · 1865
18 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hughes v. NeelySupreme Court of Missouri · 1960
- Collinsville Mfg. Co. v. StreetCourt of Appeals of Texas · 1917
- Hammond Hotel & Improvement Co. v. WilliamsIndiana Court of Appeals · 1931
- Springfield Planing Mill, Lumber & Construction Co. v. KrebsMissouri Court of Appeals · 1917
- Hammond Hotel & Improvement Co. v. WilliamsIndiana Court of Appeals · 1931
1 more not listed; retrieve them via the Exa API.