General Fire Extinguisher Co. v. Schwartz Bros. Commission
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The court erred in refusing to give the demurrer to the evidence at the close of plaintiffs case, as it clearly appeared that the lien was not filed in time. E. S. 1899, sec. 4807. (a) The lien should have been filed within four months after the acceptance and approval of the plant, on July 23, 1896. Mfg. Co. v. Burns, 59 Mo. App. 391; Scott v. Cook, 8 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The court erred in refusing to give the demurrer to the evidence at the close of plaintiffs case, as it clearly appeared that the lien was not filed in time. E. S. 1899, sec. 4807. (a) The lien should have been filed within four months after the acceptance and approval of the plant, on July 23, 1896. Mfg. Co. v. Burns, 59 Mo. App. 391; Scott v. Cook, 8 Mo. App. 197; Johnson v. White (Tex.), 27 S. W. 174; Phillips on Mech. Liens (3 Ed.), sec. 137; Boisot on Mech. Liens, sec. 486; Elint v. Eaymond, 41 Conn. 510;…
1Opinion of the CourtValliant, J.
This is a suit by a subcontractor to establish a mechanic’s lien. The trial in the circuit court resulted in a personal judgment against Schwartz Brothers Commission Company, the original contractor, for $7,830.12, and a special judgment establishing the lien, from which special judgment the defendant, the Farmers Elevator Company, the *176owner of the property, and defendant St. Louis Trust Company, trustee in a deed of trust on the property, prosecute this appeal.
That the amount claimed is due the plaintiff, that the labor and materials were furnished and went into the building, that all the…
2Cases cited20 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Livermore v. WrighSupreme Court of Missouri · 1862
- Nichols v. CulverSupreme Court of Connecticut · 1883
- Bruns v. BraunMissouri Court of Appeals · 1889
- McIntyre v. TrautnerCalifornia Supreme Court · 1883
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3Cited by28 opinions
- Mitchell Engineering Co. v. Summit Realty Co.Missouri Court of Appeals · 1982
- Arch Sellery, Inc. v. SimpsonWyoming Supreme Court · 1961
- Rieflin v. GraftonWashington Supreme Court · 1911
- Allison v. SchulerNew Mexico Supreme Court · 1934
- Arch Sellery, Inc. v. SimpsonWyoming Supreme Court · 1959
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