Legal Opinion

Hiller v. Schulte

Missouri Court of Appeals

Decided December 31, 1913PublishedCited by 9 opinions

Appeal from St. Louis City Circuit Court. — Hon. Eugene McQiullin, Judge. Tbe court erred in allowing the plaintiff to make the certain parties, and especially Florence M. Dale (the owner of the property), parties to the suit after ninety days froin the date of filing the lien. R, S. 1909, sec. 8228; Fury v. Boeckler, 6 Mo. App. 24; Bombeck v. Devorss, 19 Mo. App. 38; Smith v. Barrett, 41 Mo. App. 460'; Western Brass Mfg. Co. v. Boyce, 74 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQiullin, Judge. Tbe court erred in allowing the plaintiff to make the certain parties, and especially Florence M. Dale (the owner of the property), parties to the suit after ninety days froin the date of filing the lien. R, S. 1909, sec. 8228; Fury v. Boeckler, 6 Mo. App. 24; Bombeck v. Devorss, 19 Mo. App. 38; Smith v. Barrett, 41 Mo. App. 460'; Western Brass Mfg. Co. v. Boyce, 74 Mo. App. 353; Rumsey & S. Co. v. Pieffer, 108 Mo. 486; Hicks v. Schofield, 121 Mo. 381. It is true that all necessary parties must be brought in within the…

1Opinion of the CourtAleen, J.

This is an action to enforce a mechanic’s lien for work and labor done and materials furnished for and upon thirteen two-story brick buildings, and the lots of ground upon which they are situated, located in the city of St. Louis. The lien statement was filed on June 16, 1906, and states that the work and labor done and materials furnished, as shown by the account therein set forth, were furnished by the said lienor under contract with defendant Louis C. Schulte. The account itself runs against “Louis C. Schulte (M. P. Hynson, agent),” and is for certain furnaces and pipes and other…

Also in this document: Concurrence.

2Cases cited17 opinions

  1. South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
  2. Jaicks v. SullivanSupreme Court of Missouri · 1895
  3. Smith v. BarrettMissouri Court of Appeals · 1890
  4. Riverside Lumber Co. v. SchaferSupreme Court of Missouri · 1913
  5. City of St. Joseph ex rel. Forsee v. BakerMissouri Court of Appeals · 1900

12 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Peters v. DonaWyoming Supreme Court · 1936
  2. Daiprai v. Moberly Fuel & Transfer Co.Supreme Court of Missouri · 1949
  3. Advance Concrete & Asphalt Co. v. IngelsMissouri Court of Appeals · 1977
  4. Haney v. ThomsonSupreme Court of Missouri · 1936
  5. Diamond Hill Investment Co v. SheldenWyoming Supreme Court · 1989

4 more not listed; retrieve them via the Exa API.

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