Front Rank Steel Range Co. v. Jeffers
Missouri Court of Appeals
Appeal from the Stoddard Circuit Court. — Hon. John G-. Wear, Judge. The deposition of Harrison should have been 'admitted. The error on which it was ruled out was merely a clerical one, which in no way injured defendants or led them astray. Moreover, the objection to the deposition came too late at the trial.
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Appeal from the Stoddard Circuit Court. — Hon. John G-. Wear, Judge. The deposition of Harrison should have been 'admitted. The error on which it was ruled out was merely a clerical one, which in no way injured defendants or led them astray. Moreover, the objection to the deposition came too late at the trial. An irregularity or formal defect of this nature will be deemed waived unless made before the trial begins, and the proper method is by motion to suppress made before the trial. Bell v. Jamison, 102 Mo. 71, is a case similar to this. Here the party served with notice, and his attorney,…
1Opinion of the Court
BIGGS, J. —
This is an action to recover of the firm of Leet & Company the purchase price of a furnace and fixtures, and to enforce a mechanic’s lien therefor against a building owned by the defendants, W. L. and Emily M. Jeffers. It is not disputed that the plaintiff sold the furnace to Leet & Company; that it was placed in a building belonging to defendants W. L. and E. M. Jeffers, and that Leet & Company had not paid for it. It is also undisputed that within the prescribed time the plaintiffs filed a mechanic’s lien on the building, and that all of the statutory requirements in reference to…
2Cases cited1 opinion
- Bell v. JamisonSupreme Court of Missouri · 1890
3Cited by1 opinion
- Hengstenberg v. HoytMissouri Court of Appeals · 1904