Hall v. Mullanphy Planing Mill Co.
Missouri Court of Appeals
Appeal from tbe St. Louis Circuit Court, Barclay, J, The construction of the building was such that all the machinery attached to it constitute fixtures for the furnishing of which a lien exists under the mechanic’s lien law of the state. —Kev. Stats., sect. 3175 ; Smith v. Phelps, 63 Mo. 585 ; Rodgers v. Crow, 40 Mo. 91; Fleitze v. Veakery, 3 Mo. App. 593 ; Seibal v. Siemon, 52 Mo. 363 ; O’Brien v. Hanson, 9 Mo. App. 545; Todd v. Duncan, 9 Mo.
Read the full summary
Appeal from tbe St. Louis Circuit Court, Barclay, J, The construction of the building was such that all the machinery attached to it constitute fixtures for the furnishing of which a lien exists under the mechanic’s lien law of the state. —Kev. Stats., sect. 3175 ; Smith v. Phelps, 63 Mo. 585 ; Rodgers v. Crow, 40 Mo. 91; Fleitze v. Veakery, 3 Mo. App. 593 ; Seibal v. Siemon, 52 Mo. 363 ; O’Brien v. Hanson, 9 Mo. App. 545; Todd v. Duncan, 9 Mo. App. 417; Kansas City Hotel Company v. Sauer, 65 Mo. 288. The machin■ery was necessary to the completion of the building. — Gray v. Holdship, 17S. &R.…
1Opinion of the CourtRombauer, J.
No theory is conceivable upon which the judgment of the trial court can be sustained in the absence of consent of all the parties.
The action was one upon an account against the Mullanphy Plaining Mill Company, for which a mechanic’s lien had been filed. The lien was sought to be enforced against certain property for materials and machinery furnished. The mill company owned the equity of redemption in the property when the articles were furnished ; but its equity had been foreclosed by public sale under the provisions of its trust deed, subsequent to the date when the articles were furnished,…
2Cases cited5 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Myer v. Car Co.Supreme Court of the United States · 1880
- Haeussler v. ThomasMissouri Court of Appeals · 1877
- Collins v. MottSupreme Court of Missouri · 1869
- Moore v. WinterSupreme Court of Missouri · 1858
3Cited by14 opinions
- McAdow v. SturtevantMissouri Court of Appeals · 1890
- Jarvis v. State BankSupreme Court of Colorado · 1896
- Hall v. St. Louis Manufacturing Co.Missouri Court of Appeals · 1886
- May v. ModeMissouri Court of Appeals · 1909
- Reed v. LambertsonMissouri Court of Appeals · 1893
9 more not listed; retrieve them via the Exa API.