Patrick v. Abeles
Supreme Court of Missouri
Appeal from St. Louis Land Court. Plaintiffs in their petition (filed September 19, 1855) alleged an indebtedness on the part of defendant for lumber furnished to defendant for the construction of a certain building in the city of St. Louis. The plaintiff prayed judgment for the amount of the alleged indebtedness and also that execution might issue against the building, against which it was alleged plaintiffs had filed a lien demand.
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Appeal from St. Louis Land Court. Plaintiffs in their petition (filed September 19, 1855) alleged an indebtedness on the part of defendant for lumber furnished to defendant for the construction of a certain building in the city of St. Louis. The plaintiff prayed judgment for the amount of the alleged indebtedness and also that execution might issue against the building, against which it was alleged plaintiffs had filed a lien demand. The suit was commenced in the circuit court. It was removed by consent of parties to the St. Louis land court. It appeared in evidence that the building in…
1Opinion of the CourtScott, Judge
The nature of this action must be determined by the petition filed in the cause. Although the proceedings, as instituted, would, with proper evidence, have warranted a judgment for the sale of the property under the lien, yet, failing to obtain a judgment under that law, there was nothing to prevent the plaintiffs from having a general judgment if the pleadings and evidence warranted it. As the petition alleged *186that the defendant owed the plaintiffs for lumber furnished him for building his house, if the fact was established it would clearly authorize a general judgment. As to the evidence,…
2Cases cited1 opinion
- McCune v. HullSupreme Court of Missouri · 1855
3Cited by10 opinions
- Williams v. PorterSupreme Court of Missouri · 1873
- Bedsole v. PetersSupreme Court of Alabama · 1885
- Matlack v. LareSupreme Court of Missouri · 1862
- Mulloy v. LawrenceSupreme Court of Missouri · 1862
- Clark Williams Realty Co. v. BriggsMissouri Court of Appeals · 1912
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