Grace v. Nesbitt
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. J. M.. Davis, Judge. (1) Every fact which the plaintiff must prove to' maintain Ms suit is constitutive in the sense, of the code, and must he alleged. Pier v. ILeinrichoffen, 52 Mo. 336. And advantage can he taken of this defect at any stage of the proceedings.
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Appeal from Livingston Circuit Court. — Hon. J. M.. Davis, Judge. (1) Every fact which the plaintiff must prove to' maintain Ms suit is constitutive in the sense, of the code, and must he alleged. Pier v. ILeinrichoffen, 52 Mo. 336. And advantage can he taken of this defect at any stage of the proceedings. Birdsal v. Davies, 58 ■ Mo. 139; R. S. 1889, sec. 2047, p. 541. Each count-must he good, and one count is not aided hy another,. unless reference thereto is expressly made. Clark v. Iron Co., 9 Mo. App. 446; Boeckler v. Bailroad, 10 Mo. App. 448; Bussell v. Bailroad, 83 Mo. 512. (2) The…
1Opinion of the CourtMacfarlane, J.
This is a suit for judgment against the contractor, and to enforce a mechanics’ lien against the property of the owners, for the value of lumber, lime and other material furnished the contractor by plaintiff and used in the construction of a business house on a lot in the city of ChillicotljLe. The siiit is against J. Y. Nesbitt as contractor and purchaser of the materials, and Smith, McVey & McG-ee as owners of the lot and building.
The petition contained two counts. The* first was for a special bill of lumber and lime, for which a charge *14In bulk of $2,800 is made. The items of all the…
2Cases cited8 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Rude v. MitchellSupreme Court of Missouri · 1888
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- Hughes v. CarsonSupreme Court of Missouri · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Ittner v. HughesSupreme Court of Missouri · 1896
- Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
- Wadsworth Homes, Inc. v. Woodridge CorporationMissouri Court of Appeals · 1962
- Mitchell Planing Mill Co. v. AllisonSupreme Court of Missouri · 1897
41 more not listed; retrieve them via the Exa API.