Boland v. Webster
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. Alexander H. Waller, Judge. Defendant’s demurrer to the evidence should have been sustained because plaintiff failed to offer in evidence any Jien statement, thus failing to show a compliance with section 4207, Revised Statutes 1899, which is a condition precedent to the existence of a lien. The plaintiff identified a document by the clerk as the lien filed, and later offered and read in evidence his account.
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Appeal from Boone Circuit Court. — Hon. Alexander H. Waller, Judge. Defendant’s demurrer to the evidence should have been sustained because plaintiff failed to offer in evidence any Jien statement, thus failing to show a compliance with section 4207, Revised Statutes 1899, which is a condition precedent to the existence of a lien. The plaintiff identified a document by the clerk as the lien filed, and later offered and read in evidence his account. But he wholly failed to produce any lien statement, describing the property, etc., as required by the statute. Burrough v. White, 18 Mo. App. 229.…
1Opinion of the CourtJohnson, J.
Action to enforce a mechanics’ lien brought by a subcontractor. A jury was waived, and the learned trial judge, after hearing the evidence, found the issues in favor of plaintiff and rendered judgment for the enforcement of the lien. Defendant Baldridge, the owner of the property appealed. He assigns a number of grounds for a reversal of the judgment, all of which, with one exception, are untenable.
The facts constitutive of the cause of action are sufficiently alleged in the petition and the finding that the statement for the lien was filed in the time prescribed by the statute is supported…
2Cases cited1 opinion
- Burrough v. WhiteMissouri Court of Appeals · 1885
3Cited by4 opinions
- McMillan & Parker v. Ball & Gunning Milling Co.Missouri Court of Appeals · 1915
- Rust Sash Door Co. v. Bryant (mo.app.K.C. 1939)Missouri Court of Appeals · 1939
- Crane Co. v. SmithMissouri Court of Appeals · 1915
- Landers Lumber & Cement Co. v. ShortMissouri Court of Appeals · 1931