John Schoen Plumbing Co. v. Hugunin
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon* Charles C. Allen, Judge. (1) The court erred in the giving of the following instruction for defendant at the close of the evidence: “The court declares that under the law and the evi dence the plaintiff is not entitled to a mechanic’s lien on the property described in the petition. R. S. 1909, tit. Mechanic liens.
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Appeal from St. Louis City Circuit Court.—Hon* Charles C. Allen, Judge. (1) The court erred in the giving of the following instruction for defendant at the close of the evidence: “The court declares that under the law and the evi dence the plaintiff is not entitled to a mechanic’s lien on the property described in the petition. R. S. 1909, tit. Mechanic liens. (2) The conrt erred in giving the following declaration of law at the request of defendant: “The court declares the law to be that the plaintiff is not entitled to a mechanic’s lien in this case because the lien account is not a- just…
1Opinion of the CourtReynolds, P. J.
Plaintiff instituted this action before a justice of the peace to recover judgment against defendant Hugunin for debt on contract and to enforce a mechanic’s lien for the amount against a cer*73tain house and lot in the city of St. Louis described. ' It is charged in the statement filed before the justice as well as in the lien claim, that defendant was the owner of the real estate described, upon which the building was erected, and that he is indebted to plaintiff on account of a balance due for plumbing work done on the premises, under contract entered into with plaintiff by defendant.…
2Cases cited9 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- State v. McLaughlinSupreme Court of Missouri · 1858
- State v. ChurchSupreme Court of Missouri · 1906
- Wabash Railroad v. MirrieleesSupreme Court of Missouri · 1904
- Rothenberger v. GarrettSupreme Court of Missouri · 1909
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3Cited by3 opinions
- Conley v. Crown Coach CompanySupreme Court of Missouri · 1942
- Flat Top National Bank v. ParsonsWest Virginia Supreme Court · 1922
- Milligan v. G. D. Milligan Grocer Co.Missouri Court of Appeals · 1921