Gaty, McCune & Glasby v. Brown
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. Statement of the Case. On the 31st August, 1846, a scire facias issued from the clerk’s office of the St. Louis Court oi Common Pleas on a mechanic’s lien, setting forth that the plaintiffs Gaty, McCune and Glasby had furnished materials for the building, edifice and improvements therein described, and done work and labor upon the same, and that on the 24th December, 1845, they filed in the office of the Clerk of the Circuit Court of…
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ERROR to St. Louis Court of Common Pleas. Statement of the Case. On the 31st August, 1846, a scire facias issued from the clerk’s office of the St. Louis Court oi Common Pleas on a mechanic’s lien, setting forth that the plaintiffs Gaty, McCune and Glasby had furnished materials for the building, edifice and improvements therein described, and done work and labor upon the same, and that on the 24th December, 1845, they filed in the office of the Clerk of the Circuit Court of St. Louis county, (wherein said building, edifice and improvements were situate,) and within six months after their…
1Opinion of the CourtScott, J.
The principal question in this case- is, whether a scire facias can issue from the Court of Common Pleas to enforce a mechanic’s lien. If this question defended upon the general law relative to the liens of mechanics, there would scarcely be a doubt of the jurisdiction of that court, as by the law of its organization it has concurrent original jurisdiction in all civil actions at law with the Circuit Court, and as the lien by the general law may be enforced by a suit in the ordinary form. But an act concerning the Revised Statutes, Rev. Code, 699, sec. 22, provides, “that all acts and parts…
2Cited by2 opinions
- Ashburn v. AyresSupreme Court of Missouri · 1859
- Fitzgerald v. JonesSupreme Court of Missouri · 1863