Legal Opinion

Mitchell Planing Mill Co. v. Allison

Supreme Court of Missouri

Decided March 9, 1897PublishedCited by 28 opinions

Transferred from the Kansas City Court of Appeals. The essential facts necessary to an understanding of the opinion are to he found in the report of this case in the Kansas City Court of Appeals, 71 Mo. App. 251. (1) The trial court erred in excluding the lien from the jury and in instructing to find against the plaintiff as to W. M. Allison.

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Transferred from the Kansas City Court of Appeals. The essential facts necessary to an understanding of the opinion are to he found in the report of this case in the Kansas City Court of Appeals, 71 Mo. App. 251. (1) The trial court erred in excluding the lien from the jury and in instructing to find against the plaintiff as to W. M. Allison. The account filed in the circuit clerk’s office was itemized and stated that said material was delivered and used in the building between April 20, 1893, and July 19, 1893, and the petition stated that plaintiff commenced to furnish said material on…

1Opinion of the CourtBarclay, P. J.

The statement and opinion of the Kansas City court of appeals sufficiently disclose the decisive facts on which judgment must'be pronounced on this appeal. Our learned brethren of that court sent the cause to the supreme court under the sixth .section of the constitutional amendment of 1884, because they recognized that the result they had reached was contrary to the previous decision of the St. Louis court of appeals in Hayden v. Wulfing (1885) 19 Mo. App. 353. Other decisions of the latter court might be mentioned which accord with the Hayden case on the point of present difference between…

2Cases cited16 opinions

  1. Grace v. NesbittSupreme Court of Missouri · 1891
  2. Coe v. RitterSupreme Court of Missouri · 1885
  3. Ittner v. HughesSupreme Court of Missouri · 1896
  4. McDermott v. ClaasSupreme Court of Missouri · 1890
  5. McMurray v. TaylorSupreme Court of Missouri · 1860

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3Cited by28 opinions

  1. Oliver L. Taetz, Inc. v. GroffSupreme Court of Missouri · 1953
  2. Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
  3. Mississippi Woodworking Company v. MaherMissouri Court of Appeals · 1954
  4. Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
  5. Powers & Boyd Cornice & Roofing Co. v. MuirMissouri Court of Appeals · 1909

23 more not listed; retrieve them via the Exa API.

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