State ex rel. Long-Bell Lumber Co. v. Hailey
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. Judge Bond concurring, Judge Bland not sitting. A justice of the peace has no jurisdiction to hear and determine a suit to foreclose a mechanic’s lien until all the prerequisites of the statute conferring such jurisdiction have been complied with. The filing of the notice, and of the account which constitutes the lien should appear upon the face of the proceedings. Johns on-Frader L. Go. v. Schuler, 49 Mo.
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Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. Judge Bond concurring, Judge Bland not sitting. A justice of the peace has no jurisdiction to hear and determine a suit to foreclose a mechanic’s lien until all the prerequisites of the statute conferring such jurisdiction have been complied with. The filing of the notice, and of the account which constitutes the lien should appear upon the face of the proceedings. Johns on-Frader L. Go. v. Schuler, 49 Mo. App. 90; Fwing v. Donnelly, 20 Id. 6. See, also, Mitchell v. B. B., 82 Mo. 106; Blackenstoe v. B. B., 86 Id. 492; McCloon…
1Opinion of the CourtBiggs, J.
In 1888 the defendant Hailey was the sheriff of Barry county. His codefendants are the sureties on his official bond. The present action is on the bond, and the relator complains that Hailey levied upon and sold a building belonging to it under an execution against one E. W. Barnes. The circumstances attending the sale are these: In 1888 one Mason performed work for Barnes in the construction of a foundry building located on .block Gr in Monett Town Company’s third addition to the city of Monett in Barry county. In December, 1888, he filed a mechanic’s lien against the building. It was stated…
2Cases cited1 opinion
- Fathman & Miller Planing Mill Co. v. ChristophelMissouri Court of Appeals · 1894
3Cited by2 opinions
- Sawyer & Austin Lumber Co. v. ClarkSupreme Court of Missouri · 1903
- Sawyer-Austin Lumber Co. v. ClarkMissouri Court of Appeals · 1899