Legal Opinion

Banner Lumber Co. v. Robson

Missouri Court of Appeals

Decided April 7, 1914PublishedCited by 12 opinions

Appeal from St. Louis City Circuit Court . — Hon. ■ James E. Withrow, Judge. (1) The character of the materials is sufficiently described if stated in the lien account or if it can be found anywhere within the four corners of the papers filed with the intention of charging the property with the lien. 0 ’Shea v. O ’Shea, 91 Mo. App. 221; Holland v. Cunliff, 96 Mo. App. 67; Lumber Co. v. Watson, 158 Mo.

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Appeal from St. Louis City Circuit Court . — Hon. ■ James E. Withrow, Judge. (1) The character of the materials is sufficiently described if stated in the lien account or if it can be found anywhere within the four corners of the papers filed with the intention of charging the property with the lien. 0 ’Shea v. O ’Shea, 91 Mo. App. 221; Holland v. Cunliff, 96 Mo. App. 67; Lumber Co. v. Watson, 158 Mo. App. 179; Fireproof Hotel Co. v. Jones, 116 Fed. 793; Knabb’s Appeal, 10 Pa. St. 181, S. C. 51 Am. Dec. 472. (2) A mechanic’s lien filed with the circuit clerk is not a pleading. Lumber Co. v.…

1Opinion of the CourtAllen, J.

This' is an action to enforce a mechanic’s lien for work and labor done and materials furnished by the plaintiff under contract with defendant Robson, the general contractor for1 the erection of certain buildings in the city of St. Louis, of which buildings, and the lots upon which they were erected, Maggie 0 ’Malley was the owner. The latter died during the pendency of the suit, and the cause was revived against her administrator. Patrick O’Malley was the husband of Maggie O’Malley, now deceased. Phillip Lenz and Alvin J. Lenz are made defendants because óf a certain deed of trust executed…

2Cases cited18 opinions

  1. Forrister v. SullivanSupreme Court of Missouri · 1910
  2. Coe v. RitterSupreme Court of Missouri · 1885
  3. Ittner v. HughesSupreme Court of Missouri · 1896
  4. Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
  5. Henry v. PlittSupreme Court of Missouri · 1884

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

3Cited by12 opinions

  1. Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
  2. Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
  3. Missouri Land Development Specialties, LLC v. Concord Excavating Co.Missouri Court of Appeals · 2008
  4. Christopher & Simpson Architectural Iron & Foundry Co. v. E. A. Steininger Construction Co.Missouri Court of Appeals · 1918
  5. Woodling v. Westport Hotel Operating Co.Missouri Court of Appeals · 1933

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

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