Cahill, Collins & Co. v. Ely
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. E.' J. Beoadus, Judge. ■ . (1) While the later decisions of the courts of our state declare that the law in relation to mechanics’ liens ought to be liberally construed, yet it shall be remembered that a mechanics’ lien is purely of statutory creation, and that it can only be maintained by a substantial observance of, and compliance with, the provisions of the statute. Malther v. Falcon Mining Go., 2 Pac.
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Appeal from the Carroll Circuit Court. — Hon. E.' J. Beoadus, Judge. ■ . (1) While the later decisions of the courts of our state declare that the law in relation to mechanics’ liens ought to be liberally construed, yet it shall be remembered that a mechanics’ lien is purely of statutory creation, and that it can only be maintained by a substantial observance of, and compliance with, the provisions of the statute. Malther v. Falcon Mining Go., 2 Pac. Rep. 50; Phillips on Mechanics’ Liens, sec. 89. (2) This lien must contain, if known, the names of both the owner and contractor. Revised…
1Opinion of the CourtSmith, P. J.
This was an action on a mechanics’ lien. The plaintiffs had judgment in the court below, and the defendants have appealed.
It appears' from the record before us that at the trial, the plaintiffs, to sustain the issue in their behalf, gave in evidence the lien papers, on which the action was founded, in which it was stater that plaintiffs furnished the materials to the Hanly KerraghanPlumbing and Gas Pitting and Heating Company for certain improvements on the real estate therein described, of which the defendant Ely was the owner, and that such materials were used in making the improvements;
The…
2Cases cited2 opinions
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Downey v. HiggsMissouri Court of Appeals · 1890
3Cited by3 opinions
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- Hughes Bros. Paint & Hardware Co. v. PrewittMissouri Court of Appeals · 1913