Dalton v. St. Louis, Memphis & Southeastern Railway Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Eon. Jas. L. Fort, Judge. (1) Under the law a person seeking to enforce a lien against a railroad company must, within ninety days next after the last labor was performed, or the material furnished, file in the clerk’s office a true copy of his account and must also serve a copy of said account on the person or corporation owning or operating or having charge of said road, or the property to which said lien attaches.
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Appeal from Butler Circuit Court. — Eon. Jas. L. Fort, Judge. (1) Under the law a person seeking to enforce a lien against a railroad company must, within ninety days next after the last labor was performed, or the material furnished, file in the clerk’s office a true copy of his account and must also serve a copy of said account on the person or corporation owning or operating or having charge of said road, or the property to which said lien attaches. R. S. 1899, sec. 4241. It will be observed that the statute makes no provision for serving this notice. Where notice is required by statute…
1Opinion of the CourtBland, P. J.
— In the years 1901 and. 1902, the. Southern Missouri & Arkansas Railroad Company was constructing its railroad through Butler and Ripley counties, Missouri, and Randolph county, Arkansas, to *74Pocahontas. I. M. Dittenhoefer contracted with the railroad company to construct its road. He sublet the building of the bridges, bent bridges and cattle guards from the city of Poplar Bluff, in Butler county, to Pocahontas, Arkansas, to J. H. McCarthy, who in turn sublet the building of the bridges., bent bridges and cattle guards from Poplar Bluff to the Missouri and Arkansas state line to William…
2Cases cited9 opinions
- Haldane v. United StatesCourt of Appeals for the Eighth Circuit · 1895
- Ryan v. KellyMissouri Court of Appeals · 1880
- Conway v. CampbellMissouri Court of Appeals · 1889
- First National Bank v. HolmesNorth Dakota Supreme Court · 1903
- Moyer v. CookWisconsin Supreme Court · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sears v. WeimerOhio Supreme Court · 1944
- Seal v. BanesSupreme Court of Oklahoma · 1934
- Georgia Casualty Co. v. McClureCourt of Appeals of Texas · 1922
- Abbott v. United Railways Co.Missouri Court of Appeals · 1909
- C., B. Q.R.R. Co. v. Olin SonMissouri Court of Appeals · 1924
3 more not listed; retrieve them via the Exa API.