Rall Bros. v. McCrary
Missouri Court of Appeals
Appeal from the Howard Circuit Court. — Hon. Jno. A. Hockaday, Judge. • (1) The better doctrine now is that these statutes are highly remedial in their nature, and should receive a liberal construction.
Read the full summary
Appeal from the Howard Circuit Court. — Hon. Jno. A. Hockaday, Judge. • (1) The better doctrine now is that these statutes are highly remedial in their nature, and should receive a liberal construction. De Witt v. Smith, 63 Mo. 263; Oster v. Rabeneau, 46 Mo. 595 ; Putnam v. Ross, 46 Mo. 337; Phillips’ Mechanics’ Liens, sec. 379. (2) The presumption was that the frame barn was the only barn on this part of the tract, and was evidently a sufficient description to enable anyone to identify the acre, and the building on which the lien was intended. Bradish v. James, 83 Mo. 313. This case is…
1Opinion of the CourtSmith, P. J.
— This was a suit to enforce a mechanics’ lien. The defendants had judgment and the plaintiffs appealed. The principal question presented by the record for our consideration is whether the court erred in sustaining the defendants’ objection to the introduction of the paper purporting to be a lien on the ground that it contained no sufficient description of the property sought to be charged. The description waa “a frame barn and one acre on which the same is situated, being erected on a tract of sixty-four acres, being all of the east half of the southwest quarter, section 12, township 52,…
2Cases cited14 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Williams v. PorterSupreme Court of Missouri · 1873
- Ranson v. SheehanSupreme Court of Missouri · 1883
- Oster v. RabeneauSupreme Court of Missouri · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Putnam v. HeathmanMissouri Court of Appeals · 1963
- Paradise Homes, Inc. v. HeltonMissouri Court of Appeals · 1981
- Jones Lumber Co. v. SnyderMissouri Court of Appeals · 1927
7 more not listed; retrieve them via the Exa API.