Richardson v. O'Connell
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Parties furnishing material for improvements upon land had no lien at common law. The lien of a mechanic and materialman is of statutory creation and the right thereto is strictly construed. The lien claimant must be within the very terms of the statute or he is not to be deemed included therein. Phillip Mechs.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Parties furnishing material for improvements upon land had no lien at common law. The lien of a mechanic and materialman is of statutory creation and the right thereto is strictly construed. The lien claimant must be within the very terms of the statute or he is not to be deemed included therein. Phillip Mechs. Liens, secs. 48 to 52. (2) The condition precedent to a right to a lien under this statute as by the very terms thereof is, that the lien claimant shall have furnished the material for which the lien is claimed under or…
1Opinion of the CourtEllison, J.
This is an action to enforce a mechanics’ lien in which plaintiff prevailed in the trial court, and defendants Myers, owners of the property, appeal. The action is brought by “Albert Eichardson as administrator as surviving partner of the estate of Eichardson & Heins (Henry Heins, deceased),” against O’Connell as contractor and defendants George M. and Laura V. Myers as owners of the property sought to be charged with the lien. O’Connell, the contractor, to whom the material was furnished by Eichardson, made no defense and did not appeal. The defendants Myers at the trial offered the…
2Cases cited4 opinions
- Exchange Bank v. TracySupreme Court of Missouri · 1883
- Miller v. HoffmanMissouri Court of Appeals · 1887
- Roberts v. HendricksonMissouri Court of Appeals · 1898
- Simpson v. BowdenSupreme Judicial Court of Maine · 1852
3Cited by4 opinions
- Phillips v. GravesOregon Supreme Court · 1931
- State ex rel. Whitlow v. American Surety Co.Missouri Court of Appeals · 1915
- Potter v. DavidsonOregon Supreme Court · 1933
- Hengstenberg v. HoytMissouri Court of Appeals · 1904