Smith-Anthony Stove Co. v. Spear
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Charles L. Dorson, Judge. (1) The statute requires mechanics’ liens to he filed within a certain time.
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Appeal from the Jackson Circuit Court. — Hon. Charles L. Dorson, Judge. (1) The statute requires mechanics’ liens to he filed within a certain time. That certainly means a lien containing all of the necessary statements; and if this lien was imperfect by reason of the omission to state therein that the affiant was plaintiff’s agent, then to allow it to be cured or amended after the time had expired in which it should have been filed would amount to a permission to file the lien after more than four months had expired. It has been held in similar cases that a statement in the petition of this…
1Opinion of the CourtEllison, J.
This is an action to enforce a mechanics’ lien for material sold by plaintiff to the defendant Speer, as contractor; the other defendants being owners of the buildings. The judgment was for plaintiff, enforcing the lien against the buildings. The owners of the property appeal.
Since the verdict of the jury was for plaintiff, we will assume to be true whatever the evidence tended to prove. Objection is made to the notice of intention to file a lien. The abstract does not disclose how the notice was served and we get an imperfect understanding-of just how the matter stands. But whether Hucke &…
2Cases cited1 opinion
- Missouri Valley Lumber Co. v. WeberMissouri Court of Appeals · 1891
3Cited by2 opinions
- Street Lumber Co. v. SullivanMassachusetts Supreme Judicial Court · 1909
- St. Louis Fire Door & Sheet Metal Works v. VivianoMissouri Court of Appeals · 1916