Sanderson v. Fleming
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.— Hon. Daniel Dillon, Judge. The two papers, certified copies of which were filed with the justice, before suit brought, to-wit, the lien and the notice when and where suit would be brought, were ample and complete to make a “cause of action,” to give the justice jurisdiction, as required by the-statute of 1879, section 2874. Ewing v. Donnelly, 20 Mo. App. 6.
1Opinion of the CourtBiggs, J.
At the close of the plaintiff’s evidence, the court instructed that the plaintiff could not recover. When this instruction was given, the plaintiff submitted to a nón-suit, with leave to file a motion to set it aside; this motion was filed, and was by the court overruled, and the plaintiff tendered his bill of exceotions and asked for an appeal to this court.
*596This action originated before a justice of the peace, and is a proceeding, under article 4, chapter 44, Revised Statutes, 1879, to enforce a mechanics’ lien. The justice sustained the lien and the defendants appealed.
The circuit court, as…
2Cases cited3 opinions
- Bradish v. JamesSupreme Court of Missouri · 1884
- Hayden v. WulfingMissouri Court of Appeals · 1885
- Heltzell v. LangfordSupreme Court of Missouri · 1863
3Cited by1 opinion
- Kneisley Lumber Co. v. Edward B. Stoddard Co.Missouri Court of Appeals · 1905