Kittrell v. Hopkins
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. From the order of the court sustaining a motion filed by plaintiff to set aside a voluntary nonsuit, the defendant appealed. (1) The lien paper filed by plaintiff, and upon which this action is bottomed, wholly fails to comply with the requirements of the law. It must state all the items, so as to be able to determine therefrom if same are lienable.
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Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. From the order of the court sustaining a motion filed by plaintiff to set aside a voluntary nonsuit, the defendant appealed. (1) The lien paper filed by plaintiff, and upon which this action is bottomed, wholly fails to comply with the requirements of the law. It must state all the items, so as to be able to determine therefrom if same are lienable. Mitchell Planing Mill Co. v. Allison, 138 Mo. 56; Lumber Co. v. Nelson & Haydel, 71 M'o. App. 122; Cahill, Collins & Co. v. Orphan School, 63 Mo. App. 28; Reitz v. Ghio, 47…
1Opinion of the CourtBland, P. J.
For the purpose of preserving his mechanic’s lien upon defendant’s house and lot, in the city of St. Louis, plaintiff, on February 13, 1904, made out and verified by proper affidavits the following amended declaration, which was duly filed in the office of the circuit clerk in the city of St. Louis:
“Now, at this day comes Francis M. Kittrell, and with a view to avail himself of the benefit of the statutes relating to mechanics’ liens, files the account below set forth for work and labor done, and materials furnished by him under and by virtue of contract with George D. Hopkins, upon, to and…
2Cases cited8 opinions
- Grace v. NesbittSupreme Court of Missouri · 1891
- Livermore v. WrighSupreme Court of Missouri · 1862
- Badger Lumber Co. v. SteppSupreme Court of Missouri · 1900
- Kern v. PfaffMissouri Court of Appeals · 1891
- O'Connor v. Current River RailroadSupreme Court of Missouri · 1892
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3Cited by2 opinions
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940