Bradish v. James
Supreme Court of Missouri
Appeal from, Phelps Circuit Court. — Hon. V. B. Hill, Judge. (1) The tract against which the lien is sought to be enforced being over one acre in extent, the judgment is contrary to law and cannot stand. Engleman v. Graves, 46 Mo. 348; Williams v. Porter, 51 Mo. 441; Wright v. Beardsley, 69 Mo. 548; Hanson v. Sheehan, 78 Mo. 668. (2) The defendant pleaded payment in the answer and no reply was filed, and the judgment is erroneous for that reason.
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Appeal from, Phelps Circuit Court. — Hon. V. B. Hill, Judge. (1) The tract against which the lien is sought to be enforced being over one acre in extent, the judgment is contrary to law and cannot stand. Engleman v. Graves, 46 Mo. 348; Williams v. Porter, 51 Mo. 441; Wright v. Beardsley, 69 Mo. 548; Hanson v. Sheehan, 78 Mo. 668. (2) The defendant pleaded payment in the answer and no reply was filed, and the judgment is erroneous for that reason. R. S., secs. 3524, 3525, 3545. The defendant did not waive the objection, as it objected to evidence offered by plaintiff to disprove the plea of…
1Opinion of the Court
Ewing, C.
This suit was commenced on the 28th day of February, 1879, by filing the following petition : “Plaintiff states that the defendant owes him 897.80,, an itemized account of which is herewith filed. (It may be remarked just here that this account has no date-except 1878.) That said Jane E. James is a minor. That said indebtedness accrued on account of labor done and material furnished in and upon a frame dwelling house, one and one-half stories high, etc. (Here follows a full description of the house.) Said building is situated upon the following described parcel of ground, in the…
2Cases cited5 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Williams v. PorterSupreme Court of Missouri · 1873
- Oster v. RabeneauSupreme Court of Missouri · 1870
- Gault v. SoldaniSupreme Court of Missouri · 1863
- Heltzell v. LangfordSupreme Court of Missouri · 1863
3Cited by18 opinions
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Kezartee v. Marks & Co.Oregon Supreme Court · 1888
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Schulenburg v. HaydenSupreme Court of Missouri · 1898
- Powers & Boyd Cornice & Roofing Co. v. MuirMissouri Court of Appeals · 1909
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