Heltzell v. Hynes

This was a suit by the sub-contractor against the contractor and the owner, to enforce a mechanic’s lien against a house in St. Louis, under the mechanics’ lien law applicable to St. Louis county. (Sess. Acts. 1857, p. 668.) It appears from the petition that there was an interval of eight days only between the notice of claim given by the plaintiff to Hynes the owner, and the filing of the lien in the Land Court, whereas the act (§ 18) expressly requires ton days’ notice before filing. The objection was taken by motion in arrest, but was overruled by the court below. In Schubert v. Crowley,…