Bolen Coal Co. v. Ryan
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. James Gijbson, Judge (1) The mechanic’s lien was absolutely void and a nullity, and should not have been admitted in evidence, for the- reasons that the lots on which the eleven houses were built are not contiguous lots by a fourteen-foot alley.
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Appeal from the Jaclcson Circuit Court. — Hon. James Gijbson, Judge (1) The mechanic’s lien was absolutely void and a nullity, and should not have been admitted in evidence, for the- reasons that the lots on which the eleven houses were built are not contiguous lots by a fourteen-foot alley. Fitzgerald v. Thomas, 61 Mo. 499 ; s. c., 76 Mo. 513. If, then, the lien as filed was void, plaintiff could not make it a valid one by thus dismissing as to' a part of the lots and houses. Goepp v. Gartiser, 35 Pa. St. ISO; Fitzgerald v. Thomas, 61 Mo. 499. (2) If,-now, , plaintiff, after dismissing its…
1Opinion of the CourtEllison, J.
Plaintiff’s assignor furnished material and performed labor under one general contract with the owner, in the erection of eleven brick houses at $535 per house. Eight of the houses were built upon five contiguous lots, and three were built on two contiguous lots lying directly across an alley, fourteen feet wide. During the trial defendant introduced a receipt and release of the lien from the original contractor as to the three houses and two lots across the alley, whereupon plaintiff dismissed as to that property. *515Judgment enforcing the lien was rendered, for plaintiff against the eight…
2Cases cited2 opinions
- Fitzgerald v. ThomasSupreme Court of Missouri · 1876
- Fitzpatrick v. ThomasSupreme Court of Missouri · 1882
3Cited by13 opinions
- Roy F. Stamm Electric Co. v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1943
- E. R. Darlington Lumber Co. v. James T. Smith Building Co.Missouri Court of Appeals · 1908
- People v. City of LemooreCalifornia Court of Appeal · 1918
- Big Horn Lumber Co. v. DavisWyoming Supreme Court · 1906
- Great Western Manufacturing Co. v. Burns & Co.Missouri Court of Appeals · 1894
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