O'Shea v. O'Shea
Missouri Court of Appeals
Appeal from St Louis City Circuit Court. — Hon. Walter B. Douglass, Judge. STATEMENT OF THE CASE. Tbe suit is for a personal judgment against Joseph O’Shea and to foreclose and enforce a mechanic’s lien on real estate situated in the city of St. Lo-uis, alleged to be the property of Edward S. Robert.
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Appeal from St Louis City Circuit Court. — Hon. Walter B. Douglass, Judge. STATEMENT OF THE CASE. Tbe suit is for a personal judgment against Joseph O’Shea and to foreclose and enforce a mechanic’s lien on real estate situated in the city of St. Lo-uis, alleged to be the property of Edward S. Robert. It is alleged in the petition that the owner, on the fifteenth day of February, 1900, contracted with Zeller & Walker for the erection, on the land described, of a stone and brick dwelling-house; that- afterwards in March, 1900, Zeller & Walker contracted with defendant, Joseph O’Shea, to do…
1Opinion of the CourtBland, P. J.
— I. It is not everything that may be included in a building for which the statute gives a mechanic’s lien. It is necessary, therefore, that the character of the *231work or material furnished be stated in the lien account, or that it be somewhere found in the papers filed with the intention of charging the property with the lien. Sec. 4207, R. S. 1899; Rude v. Mitchell, 97 Mo. 365; Cahill, Collins & Co. v. Orphan School, 63 Mo. App. 28.
Neither the account filed nor the declaration for the lien gives any intimation of the purpose of the excavating work alleged to have been done and for this…
2Cases cited6 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Rude v. MitchellSupreme Court of Missouri · 1888
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
- Putnam v. RossSupreme Court of Missouri · 1870
- Steininger v. RaemanMissouri Court of Appeals · 1888
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3Cited by2 opinions
- Joplin Supply Co. v. WestMissouri Court of Appeals · 1910
- Feeny v. RothbaumMissouri Court of Appeals · 1911