Steininger v. Raeman
Missouri Court of Appeals
Appeal from tlie St. Louis Circuit Court, Hon. C-eoege W. Lubke, Judge. The court erred in refusing leave to appellants to file the answer proposed by them. The practice in the appellate court shall govern. Phillips on Mech. Liens, secs. 243-4; Thaxter x. Williams, 14 Pick. 49 ; Ettridge x. Bassett, 106 Mass. 314; 3 Pom. Eq. Jur., sec. 1253, note 3 ; Hilliard on Vendors [2 Ed.] 5 ; Kellogg x.
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Appeal from tlie St. Louis Circuit Court, Hon. C-eoege W. Lubke, Judge. The court erred in refusing leave to appellants to file the answer proposed by them. The practice in the appellate court shall govern. Phillips on Mech. Liens, secs. 243-4; Thaxter x. Williams, 14 Pick. 49 ; Ettridge x. Bassett, 106 Mass. 314; 3 Pom. Eq. Jur., sec. 1253, note 3 ; Hilliard on Vendors [2 Ed.] 5 ; Kellogg x. Kellogg, 6 Barb. 116. The court erred in overruling appellants’ objection to a jury trial, and their claim that the cause involved equitable matters and should be tried by the court. 1 Story Eq. [13 Ed.]…
1Opinion of the CourtThompson, J.
This action was brought against the defendant, Raeman, as owner, and the defendant, O'Reilly, as *597trustee, and the defendant, Howard, as beneficiary in a mortgage deed of trust, before a justice of the peace, to enforce a mechanic’s lien upon a certain building and ground in the city of St. Louis, a description of which will more fully appear from the language of the complaint, which was as follows : ££ That, on or about said day, said defendant began the construction of a new two-story brick building fronting on Evans avenue in said city of St. Louis, state of Missouri, designed for four…
2Cases cited12 opinions
- Douglas v. St. Louis Zinc Co.Supreme Court of Missouri · 1874
- Crandall v. CooperSupreme Court of Missouri · 1876
- Reilly v. HudsonSupreme Court of Missouri · 1876
- Haeussler v. ThomasMissouri Court of Appeals · 1877
- Hall v. Mullanphy Planing Mill Co.Missouri Court of Appeals · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Russell v. GrantSupreme Court of Missouri · 1894
- Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
- Pacific Spruce Corp. v. Oregon Portland Cement Co.Oregon Supreme Court · 1930
- Joplin Cement Co. v. Greene County Building & Loan Ass'nMissouri Court of Appeals · 1931
3 more not listed; retrieve them via the Exa API.