Foster v. Wulfing
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The court erred in submitting the case to the jury without first making Hayden a party defendant. Hayden was one of the joint contractors and defendant, Wnlfing, had a right to have him joined as a defendant, so that a personal judgment might be had against him and execution returned before the lien could be enforced against the property; this request was properly in the answer.
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Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The court erred in submitting the case to the jury without first making Hayden a party defendant. Hayden was one of the joint contractors and defendant, Wnlfing, had a right to have him joined as a defendant, so that a personal judgment might be had against him and execution returned before the lien could be enforced against the property; this request was properly in the answer. Putnam v. Boss, 55 Mo. 116; HorstJcotte ». Menier, 50 Mo. 158. The account filed is not such an account as the statute requires ; there are no items…
1Opinion of the CourtRombauer, J.
This is an action by sub-contractors against the principal contractors and the owner of the property, seeking a general judgment against the former and a judgment of lien against the latter’s property. Upon the trial below there was a verdict and judgment against the contractors for $1,299.54, and a judgment against the property for $1,274.16. To reverse this judgment the owner appeals. ^
Several points are made by the appellant, which have been passed on by this court adversely to him in the case of Hayden v. Wulfing (19 Mo. App. 353); but as this case presents them in a different view, and…
2Cases cited6 opinions
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Lee v. BurkeSupreme Court of Pennsylvania · 1870
- Hassett v. RustSupreme Court of Missouri · 1876
- Hayden v. WulfingMissouri Court of Appeals · 1885
- Putnam v. RossSupreme Court of Missouri · 1874
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3Cited by10 opinions
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Vasquez v. Village Center, Inc.Supreme Court of Missouri · 1962
- Steinmann v. StrimpleMissouri Court of Appeals · 1888
- Harper Lumber & Manufacturing Co. v. C. O. TeateSupreme Court of Florida · 1929
- Niswander & Co. v. BlackWest Virginia Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.