Douglas v. St. Louis Zinc Co.
Supreme Court of Missouri
Appeal from, .St. Louis Circuit Court. I. Under our mechanics’ lien law the Hen does not attach until the account is filed in the office of the cleric of the Circuit Court. This is evident from an examination of the law. (2 Wagn. Stat., 907.) From the first section it is evident that it was not the intention of the Legislature to give alien at the time of doing the work. The section expressly provides that something else must be done to place the lien upon the property.
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Appeal from, .St. Louis Circuit Court. I. Under our mechanics’ lien law the Hen does not attach until the account is filed in the office of the cleric of the Circuit Court. This is evident from an examination of the law. (2 Wagn. Stat., 907.) From the first section it is evident that it was not the intention of the Legislature to give alien at the time of doing the work. The section expressly provides that something else must be done to place the lien upon the property. Until the provisions of this chapter are complied with, no lien exists. Section 5 of the same chapter recites what…
1Opinion of the CourtVories, Judge
This action was commenced in the St. Louis Circuit Court on the 26th day of November, 1870, to enforce a lien of a mechanic or material man against a building and the premises on which it was erected, for materials furnished to- be used, and which were used, in the erection of said building.
No objection is made to the petition. The Zinc Company made no answer to the petition. The defendants, Eddy and Martindale, filed a joint answer, in which they denied the allegations of the petition, and also set up by way of defense to the action new matter, of which new matter so set up in defense it is…
2Cases cited2 opinions
- Kuhleman v. SchulerSupreme Court of Missouri · 1864
- McGready v. HarrisSupreme Court of Missouri · 1873
3Cited by21 opinions
- Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
- Holland v. CunliffMissouri Court of Appeals · 1902
- McAdow v. SturtevantMissouri Court of Appeals · 1890
- McGonigle v. FoutchCourt of Appeals for the Eighth Circuit · 1931
- American Surety Co. of New York v. FranciscusCourt of Appeals for the Eighth Circuit · 1942
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