Legal Opinion

Laswell v. Presbyterian Church of Jefferson City

Supreme Court of Missouri

Decided July 15, 1870PublishedCited by 7 opinions

Error to First District Court. I. The thirty days’ clause is confined to journeymen and day-laborers. There is no pretense that plaintiff was a day-laborer or a journeyman. . . II. The certificate of the clerk meets all the requirements of the law. The law does not require an affidavit to the claim. (Smith’s Ex’rs v. Benton, 15 Mo. 374 ; Sess. Acts 1849, § 2.) III. The Circuit Court should have permitted the clerk to amend his jurat nunc pro tunc.

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Error to First District Court. I. The thirty days’ clause is confined to journeymen and day-laborers. There is no pretense that plaintiff was a day-laborer or a journeyman. . . II. The certificate of the clerk meets all the requirements of the law. The law does not require an affidavit to the claim. (Smith’s Ex’rs v. Benton, 15 Mo. 374 ; Sess. Acts 1849, § 2.) III. The Circuit Court should have permitted the clerk to amend his jurat nunc pro tunc. (Bergesch v. Keevil, 19 Mo. 127 ; Budd v. Allen, 21 Mo. 21.) It was too late to object to the verification of the lien after the case was called…

1Opinion of the Court

Wagneb,, Judge,

delivered the opinion of the court.

Faulk made a contract to erect the Presbyterian church in Jefferson City, and employed Laswell to do certain work on the *281same. Laswell filed his lien a3 a sub-contractor, and attempted . to enforce it by legal process; but upon a trial in the Circuit 'pourt, under certain rulings, he took a nonsuit, which failing to have set aside, and the District Court affording him no relief, he noAV prosecutes h'is writ of error.

In his notice claiming the lien, after describing the property, he states that his demand is for .$154, which is duo him from M.…

2Cases cited1 opinion

  1. Smith's Ex'r v. BentonSupreme Court of Missouri · 1852

3Cited by7 opinions

  1. Grace v. NesbittSupreme Court of Missouri · 1891
  2. Kezartee v. Marks & Co.Oregon Supreme Court · 1888
  3. Finley v. WestMissouri Court of Appeals · 1892
  4. Independence Sash, Door & Lumber Co. v. BradfieldMissouri Court of Appeals · 1911
  5. Irvine v. McDougallDistrict Court, D. Alaska · 1913

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