Miller v. Faulk
Supreme Court of Missouri
Error to First District Court. This was a suit commenced in the Cole Circuit Court by plaintiffs, upon a mechanic’s lien filed against the Presbyterian church in the City of Jefferson. The title of the suit is, “ S. K. Miller, M. L. Miller, and S. N. Sheldon v. The Presbyterian Church,” etc. Defendants answered, setting up amongst other things that the defendant, the Presbyterian Church, was a corporation, and must be sued as such.
Read the full summary
Error to First District Court. This was a suit commenced in the Cole Circuit Court by plaintiffs, upon a mechanic’s lien filed against the Presbyterian church in the City of Jefferson. The title of the suit is, “ S. K. Miller, M. L. Miller, and S. N. Sheldon v. The Presbyterian Church,” etc. Defendants answered, setting up amongst other things that the defendant, the Presbyterian Church, was a corporation, and must be sued as such. Plaintiffs moved to strike out that part of the answer, which was sustained, and the defendant excepted. Plaintiffs offered to read in evidence the notice and…
1Opinion of the Court
Currier,, Judge,
delivered the opinion of the court.
This suit is brought by S. K. Miller, M. S. Miller, and S. N. Sheldon, sub-contractors, against W. D. Faulk, principal contractor, and certain other parties as owners, to enforce a mechanic’s lien.
1. At the trial the notice given by the plaintiffs to the owners was objected to and ruled out upon the ground that it was not signed by each of the plaintiffs. It was signed “ S. K. Miller & Co.,” and the plaintiffs are not alleged to have been partners doing business under that name.
The statute (Gen. Stat. 1865, p. 768, § 19) does not in terms…
2Cases cited2 opinions
- Livermore v. WrighSupreme Court of Missouri · 1862
- Schulenburg v. BascomSupreme Court of Missouri · 1866
3Cited by4 opinions
- Horstkotte v. MenierSupreme Court of Missouri · 1872
- Rosina v. TrowbridgeNevada Supreme Court · 1888
- Mississippi Planing Mill v. Presbyterian ChurchSupreme Court of Missouri · 1874
- Joplin Sash & Door Works v. ShadeMissouri Court of Appeals · 1909