Gault v. Soldani
Supreme Court of Missouri
Error to Kansas City Common Pleas Court. I. Defendant’s motion in arrest should have been sustained ; the petition does allege a cause of action. (R. C. 1855, p. 1065, Mechanic’s Lien, § 1 & 6 ; Briggs et al. v. Worrel & Fields, 33 Mo. 157; Heltzell v. Langford et ah, 33 Mo. 396.) II. The court erred in causing an inquiry of damages to be made at the same term in which the interlocutory judgment was rendered. (R. O. 1855, p. 1280, § 10; Hopkins v. McGee, 33 Mo. 312.)
1Opinion of the CourtBates, Judge
This was a suit to recover the value of work and labor performed, and material furnished, by plaintiff for defendant, in the construction of a dwelling-house for the defendant, and to enforce his lien upon the said premises.
Plaintiff was the contractor, and the suit is brought under the general law relating to mechanics’ liens. Process was duly served upon the defendant, but failing to answer judgment was taken against him; whereupon he filed his motion in arrest of judgment, upon the ground that the petition did not state facts sufficient to constitute a cause of action; *151which motion was…
2Cases cited1 opinion
- Heltzell v. LangfordSupreme Court of Missouri · 1863
3Cited by5 opinions
- Pilz v. KillingsworthOregon Supreme Court · 1891
- Bradish v. JamesSupreme Court of Missouri · 1884
- Curtis v. SestanovichOregon Supreme Court · 1894
- Ewing v. DonnellyMissouri Court of Appeals · 1885
- George F. Robertson Plastering Co. v. AltmanSupreme Court of Missouri · 1968