Ashburn v. Ayres
Supreme Court of Missouri
Appeal from Kansas Court of Common Pleas. I. The circuit court has exclusive jurisdiction of actions to enforce mechanics’ liens. (R. C. 1855, p. 1065 ; Gaty v. Brown, 11 Mo. 140.) But if the Kansas common .pleas has jurisdiction of the subject matter, it does not so appear from any thing averred in the petition. Its jurisdiction is limited to the township of Kaw; (Sess. Acts, 1855, p. 60, § 1 & 19 ;) and it is not shown by averment that the building is within the township.
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Appeal from Kansas Court of Common Pleas. I. The circuit court has exclusive jurisdiction of actions to enforce mechanics’ liens. (R. C. 1855, p. 1065 ; Gaty v. Brown, 11 Mo. 140.) But if the Kansas common .pleas has jurisdiction of the subject matter, it does not so appear from any thing averred in the petition. Its jurisdiction is limited to the township of Kaw; (Sess. Acts, 1855, p. 60, § 1 & 19 ;) and it is not shown by averment that the building is within the township. Nothing is to be presumed in favor of the jurisdiction of that court. II. Plaintiff having dismissed the suit as to…
1Opinion of the CourtScott, Judge
The important question in this case is whether the court had jurisdiction to enforce a mechanic’s lien. The eleventh section of the act concerning mechanics’ liens provides that any person having a lien under or by virtue of this act may bring suit to enforce the same in the circuit court of the county wherein the property on which the lien is attached is situated, without regard to its amount. In the case of Gaty, McCune & Glasby v. Brown, 11 Mo. 138, the terms of the statute conferring jurisdiction on the court of common pleas of St. Louis county were as broad as those employed in defining…
2Cases cited2 opinions
- Wibbing v. PowersSupreme Court of Missouri · 1857
- Gaty, McCune & Glasby v. BrownSupreme Court of Missouri · 1847
3Cited by8 opinions
- Wescott v. BridwellSupreme Court of Missouri · 1867
- Edward McLundie & Co. v. MountMissouri Court of Appeals · 1909
- Hayden Slate Co. v. National Cornice & Iron Co.Missouri Court of Appeals · 1895
- Davidson v. SchmidtMissouri Court of Appeals · 1910
- Dougherty & Moss Lumber Co. v. RothbaumMissouri Court of Appeals · 1911
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