Legal Opinion

Dougherty-Moss Lumber Co. v. Churchill

Missouri Court of Appeals

Decided November 6, 1905PublishedCited by 31 opinions

Appeal from Buchanan Circuit Court. — Hon. Henry M. Banney, Judge. (1) No declarations of law were necessary to enable this court to review the action of tbe trial court. Price v. Merritt, 55 Mo. App. 640; Gage v. Averill, 57 Mo. App. Ill; State v. Mackey, 55 Mo. 51; Ford v. Cameron, 24 Mo.

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Appeal from Buchanan Circuit Court. — Hon. Henry M. Banney, Judge. (1) No declarations of law were necessary to enable this court to review the action of tbe trial court. Price v. Merritt, 55 Mo. App. 640; Gage v. Averill, 57 Mo. App. Ill; State v. Mackey, 55 Mo. 51; Ford v. Cameron, 24 Mo. App. 467; Kronenberger v. Hoffner, 44 Mo. 185; State ex rel. v. Cummings, 151 Mo. 49. (2) Upon the undisputed facts, and upon the facts as found by the trial court, said court should have declared and adjudged a mechanic’s lien against the interest, i. e., the fee of the Center Building Company in the lots…

1Opinion of the CourtJohnson, J.

Action to enforce a mechanic’s lien. On October 3,1903, the Center Building Company, the owner in fee of lots one and two in block five of Smith’s addition to the city of St. Joseph, entered into a contract in writing, under which it demised certain portions of the premises to the defendant Churchill for a period of ten years. The property is located in the business center of the city, and at the time stated was improved by a three-story brick business building. The north forty feet of the building which faced west on Sixth street and extended east one hundred and twenty feet had been…

2Cases cited8 opinions

  1. Henderson v. ConnellyIllinois Supreme Court · 1887
  2. Carey-Lombard Lumber Co. v. JonesIllinois Supreme Court · 1900
  3. Hill v. GillSupreme Court of Minnesota · 1889
  4. Crandall v. SorgIllinois Supreme Court · 1902
  5. Winslow Bros. v. McCully Stone Mason Co.Supreme Court of Missouri · 1902

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3Cited by31 opinions

  1. Ward v. NoldeSupreme Court of Missouri · 1914
  2. Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
  3. Potter v. ConleySupreme Court of Kansas · 1911
  4. Curtin-Clark Hardware Co. v. ChurchillMissouri Court of Appeals · 1907
  5. Utley v. WearMissouri Court of Appeals · 1960

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

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