Badger Lumber Co. v. Staley
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thos. J. Beehorn, Judge. Tbe suit baying been commenced witbin ninety . days after tbe filing of tbe lien, it was proper to permit tbe plaintiff to file its amended petition making new parties who had an interest in said property by virtue of deeds of trust upon tbe same, and such new parties could be brought in after tbe period of ninety days bad elapsed from tbe time of tbe filing of tbe lien. Scbnlenberg y.
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Appeal from Jackson Circuit Court. — Hon. Thos. J. Beehorn, Judge. Tbe suit baying been commenced witbin ninety . days after tbe filing of tbe lien, it was proper to permit tbe plaintiff to file its amended petition making new parties who had an interest in said property by virtue of deeds of trust upon tbe same, and such new parties could be brought in after tbe period of ninety days bad elapsed from tbe time of tbe filing of tbe lien. Scbnlenberg y. Hayden, 146 Mo. 596; Lumber Co. v_. Harris, 131 Mo. App. 94; Brick Works y. Flanagan, 87 Mo. App. 340; Wheeler y. Milling Co., 73 Mo. App. 672;…
1Opinion of the CourtJohnson, J.
Action to enforce a mechanic’s lien for material furnished under contract with the owner of the premises. The account accrued April 13, 1906. Default being made in its payment, plaintiff filed a mechanic’s lien.October 11, 1906, and on January 7, 1907, began suit to enforce the lien by filing a petition in the circuit court of Jackson county. The property was encumbered by three deeds of trust, one to the Kansas City Life Insurance Company, one to Joseph S. Chick, and one to F. E. Colvin. These parties, together with their respective trustees, Fred W. Fleming, E. E. Porterfield and H. S.…
2Cases cited12 opinions
- Dunphy v. RiddleIllinois Supreme Court · 1877
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Jaicks v. SullivanSupreme Court of Missouri · 1895
- Union National Savings & Loan Ass'n v. HelbergIndiana Supreme Court · 1898
- Smith v. BarrettMissouri Court of Appeals · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Peters v. DonaWyoming Supreme Court · 1936
- Western Loan & Building Co. v. Gem State Lumber Co.Idaho Supreme Court · 1919
- Continental & Commercial Trust & Savings Bank v. Pacific Coast Pipe Co.Court of Appeals for the Ninth Circuit · 1915
- Advance Concrete & Asphalt Co. v. IngelsMissouri Court of Appeals · 1977
- Utah Implement-Vehicle Co. v. BowmanDistrict Court, D. Idaho · 1913
6 more not listed; retrieve them via the Exa API.