Legal Opinion

Kuenzel v. Stevens

Supreme Court of Missouri

Decided March 15, 1900PublishedCited by 20 opinions

Transferred from St. Louis Court of Appeals. (1) Tbe court erred in sustaining respondent’s motion for new trial on the grounds that the verdict of no lien was against the evidence- and also against the weight of the evidence, because there was no evidence that Mrs. Stevens had any agent. Bank v. Bank, 130 Mo. 161; Garnett v. Berry, 3 Mo. App. 187; Barker v. Berry, 8 Mo. App. 446’; Bauman case, 55 Mo. App. 490; Thompson case, 60 Mo. App. 490; Duross case, 78 Mo.

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Transferred from St. Louis Court of Appeals. (1) Tbe court erred in sustaining respondent’s motion for new trial on the grounds that the verdict of no lien was against the evidence- and also against the weight of the evidence, because there was no evidence that Mrs. Stevens had any agent. Bank v. Bank, 130 Mo. 161; Garnett v. Berry, 3 Mo. App. 187; Barker v. Berry, 8 Mo. App. 446’; Bauman case, 55 Mo. App. 490; Thompson case, 60 Mo. App. 490; Duross case, 78 Mo. App. 265. And no evidence that she had any money of her own, or that if she had money, it was used to pay for the house. Bauman…

1Opinion of the CourtValliant, J.

This is an appeal from an order of the St. Louis Circuit Court granting a new trial. The appeal was in the first instance taken to the St. Louis Court of Appeals, where the judgment of the circuit court was reversed, but one of the judges deeming the decision in conflict with that in First Nat. Bank v. Wood, 124 Mo. 72, the cause was certified to this court.

It is a suit to enforce a mechanic’s lien against the real estate of defendant Phoebe G-. Stevens for the value of materials furnished to the contractor, and used in the construction of a dwelling built upon her land in pursuance to a…

2Cases cited5 opinions

  1. Haven v. Missouri RailroadSupreme Court of Missouri · 1900
  2. First National Bank v. WoodSupreme Court of Missouri · 1894
  3. Long v. MartinSupreme Court of Missouri · 1899
  4. Eystra v. CapelleSupreme Court of Missouri · 1876
  5. McDonnell v. NicholsonMissouri Court of Appeals · 1896

3Cited by20 opinions

  1. Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
  2. Winslow Bros. v. McCully Stone Mason Co.Supreme Court of Missouri · 1902
  3. McCloskey v. Pulitzer Publishing Co.Supreme Court of Missouri · 1901
  4. Kelly v. City of HigginsvilleMissouri Court of Appeals · 1914
  5. Berkshire v. HolckerMissouri Court of Appeals · 1919

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