James v. Faulke
Supreme Court of Missouri
Error to First District Court. I. .The exclusion of the first and the last days clearly means that the party shall have four months within which to file his lien, besides these days, and without counting either one of them. (Carothers v. Wheeler, 1 Oregon, 194.) To have been in time, the lien should have been filed on the 7th of March. (Sedgw. Stat. & Const. Law, 420 ; Broome v. Wellington, 1 Sandf. 664; ex parte Dodge, 7 Cow. 147; 2 Hill, 876.)
1Opinion of the CourtWagner, Judge
This case is brought up on error from the First District Court, where judgment was rendered for the defendants. The action ■was to enforce a lien for materials furnished and supplied in the *313erection of a building, and the only question presented by the record is whether the same was filed within the statutory time.
The law applicable to this case declares that the account, etc., shall he filed with the clerk “within four months after the indebtedness shall have accrued.” The materials were furnished on the 8th da.y of November, 1867, and the lien was filed on the 9th day of March, 1868. The…
2Cases cited5 opinions
- Avery v. StewartSupreme Court of Connecticut · 1816
- Salter v. BurtNew York Supreme Court · 1838
- Ex parte DodgeNew York Supreme Court · 1827
- Borst v. GriffinNew York Supreme Court · 1830
- Cock v. BunnNew York Supreme Court · 1810
3Cited by12 opinions
- Johnston v. New Omaha Thomson-Houston Electric Light Co.Nebraska Supreme Court · 1910
- Keys v. Estate of KeysSupreme Court of Missouri · 1909
- Styles v. DickeyNorth Dakota Supreme Court · 1912
- Manchester Iron Works, Inc. v. E. L. Wagner Construction Co.Supreme Court of Missouri · 1937
- McMillan & Parker v. Ball & Gunning Milling Co.Missouri Court of Appeals · 1915
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