Mulloy v. Lawrence
Supreme Court of Missouri
Appeal from Si. Louis Land Court. Suit upon a mechanic’s lien for materials furnished to defendants between February 15th and May 1st, 1858, to be used in the construction of defendants’ house. The lien was filed September 22d, 1858. The petition set out the demand, the facts giving a lien, and prayed judgment for the debt with a special execution against the property.
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Appeal from Si. Louis Land Court. Suit upon a mechanic’s lien for materials furnished to defendants between February 15th and May 1st, 1858, to be used in the construction of defendants’ house. The lien was filed September 22d, 1858. The petition set out the demand, the facts giving a lien, and prayed judgment for the debt with a special execution against the property. At the trial, the plaintiff proved his account, the filing of his lien September 22d, For the defendants the court gave the following instruction : “ The court declares the law to be that the plaintiff can not recover in this…
1Opinion of the CourtBates, Judge
The first instruction given by the land court was right; the plaintiff could have but one lien for the same demand. If he failed to sue in proper time after filing it, he has lost his lien and special remedy thereon; he can not cure his neglect by filing the same lien again.
The second instruction was, however, erroneous. This court has decided in Patrick v. Abeles, 27 Mo. 184, the very point included in that instruction ; that is, that the plaintiff might have a general judgment, though he failed to establish his right to a lien and special judgment thereon.
Judgment reversed and cause…
2Cases cited1 opinion
- Patrick v. AbelesSupreme Court of Missouri · 1858
3Cited by16 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Wernse v. McPikeSupreme Court of Missouri · 1890
- Schwarz & Gottlieb, Inc. v. MarcuseCalifornia Supreme Court · 1917
- Liberty Perpetual Building & Loan Co. v. M. A. Furbush & Son Mach. Co.Court of Appeals for the Fourth Circuit · 1897
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