Miller v. Hoffman
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The notice of lien claim must he in writing and properly signed. ScTmlenbiorg v. Bascovi, 38 Mo. 188. The service was not sufficient. Ryan v. Kelly, 9 Mo. App. 396. The service of notice, personally, on the owner, ten days before filing the lien, is a jurisdictional fact not to be excused. , It is indispensable to a valid sub-contractor’s lien. Hewitt ».! Truitt, 28 Mo.
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Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The notice of lien claim must he in writing and properly signed. ScTmlenbiorg v. Bascovi, 38 Mo. 188. The service was not sufficient. Ryan v. Kelly, 9 Mo. App. 396. The service of notice, personally, on the owner, ten days before filing the lien, is a jurisdictional fact not to be excused. , It is indispensable to a valid sub-contractor’s lien. Hewitt ».! Truitt, 28 Mo. App. 448. The lien is void, because it embraces two lots clearly marked out and defined] on the recorded plat. Fitzgerald v. Thomas, 61 Mol 500; Williams «.…
1Opinion of the CourtRombauer, J.
This is an action, by a material man, against a contractor to recover a balance due for materials furnished, and against the owner to enforce a mechanic’s lien against the premises hereinafter described. The contractor, although duly served, did not defend. There was a general judgment against the contractor in the trial court for $767.94, being the exact amount claimed; and, also, judgment subjecting lots 19 and 20, of a certain block, to the lien of the judgment. The latter part of the judgment was so modified, by voluntary remittitur, as to subject lot 19 only to the plaintiff ’s lien.…
Also in this document: Concurrence.
2Cases cited7 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Livermore v. WrighSupreme Court of Missouri · 1862
- Oster v. RabeneauSupreme Court of Missouri · 1870
- Exchange Bank v. TracySupreme Court of Missouri · 1883
- Fitzpatrick v. ThomasSupreme Court of Missouri · 1876
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3Cited by17 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Darlington Lumber Co. v. HarrisMissouri Court of Appeals · 1904
- Costello v. Kansas CitySupreme Court of Missouri · 1920
- Jordan v. Natrona Lumber Co.Wyoming Supreme Court · 1938
- Fruin-Bambrick Construction Co. v. JonesMissouri Court of Appeals · 1894
12 more not listed; retrieve them via the Exa API.