Legal Opinion

Fury v. Boeckler

Missouri Court of Appeals

Decided May 7, 1878PublishedCited by 9 opinions

Appeal from St. Louis Circuit Court. The court has the power to allow the contractors to be brought in and made parties defendant. — Fosters. Skidmore, IE. D. Smith, 703; Scoville v. Ohapman, 17 Ind. 470; Witte v. Meyer, 11 Wis. 295 ; Hartman v. Sharp, 51 Mo. 30; Mann v. Schorer, 50 Mo. 306. Where the lien is given, the statute is to be liberally construed and the lienor allowed the greatest latitude in perfecting his lien. — Goodin v. JDuross, 5 Mo.

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Appeal from St. Louis Circuit Court. The court has the power to allow the contractors to be brought in and made parties defendant. — Fosters. Skidmore, IE. D. Smith, 703; Scoville v. Ohapman, 17 Ind. 470; Witte v. Meyer, 11 Wis. 295 ; Hartman v. Sharp, 51 Mo. 30; Mann v. Schorer, 50 Mo. 306. Where the lien is given, the statute is to be liberally construed and the lienor allowed the greatest latitude in perfecting his lien. — Goodin v. JDuross, 5 Mo. App. 289 ; Putnam v. Ross, 46 Mo. 337; Oster v. Rabenau, 46 Mo. 595.

1Opinion of the CourtHayden, J.

This is a suit to enforce a mechanic’s lien for painting, etc., done upon a house by a subcontractor. The original *25petition, filed on August 19, 1875, though it stated who the original contractors were, did not make them defendants, but pursued only the owners of the property. Afterwards and on January 21, 1877, the plaintiff, by leave, filed his amended petition, in which the contractors were made defendants, and to which they subsequently filed their answer. The original defendants, the owners, afterwards filed a motion to set aside the order of court by which leave was granted to the…

2Cases cited3 opinions

  1. Horstkotte v. MenierSupreme Court of Missouri · 1872
  2. Hassett v. RustSupreme Court of Missouri · 1876
  3. Putnam v. RossSupreme Court of Missouri · 1874

3Cited by9 opinions

  1. Wentz v. Price Candy Co.Supreme Court of Missouri · 1943
  2. Peters v. DonaWyoming Supreme Court · 1936
  3. Smith v. BarrettMissouri Court of Appeals · 1890
  4. Rackers and Baclesse, Inc. v. KinstlerMissouri Court of Appeals · 1973
  5. Badger Lumber Co. v. StaleyMissouri Court of Appeals · 1910

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