Matthews v. Stephenson
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) The court should have sustained appellants’ plea of the ninety day Statute of Limitation relating to mechanic’s liens. Taking judgment on the second day after filing petition plaintiff in effect directed clerk not to issue writs. Sec. 8228, R. S. 1909; White v. Read, 60 ,Mo. App. 380; McCormick v. Clopton, 150 Mo. App. 129,136; Forrey v. Holmes, 65 Mo.
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Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. (1) The court should have sustained appellants’ plea of the ninety day Statute of Limitation relating to mechanic’s liens. Taking judgment on the second day after filing petition plaintiff in effect directed clerk not to issue writs. Sec. 8228, R. S. 1909; White v. Read, 60 ,Mo. App. 380; McCormick v. Clopton, 150 Mo. App. 129,136; Forrey v. Holmes, 65 Mo. App. 114; Lumber Co. v. Wright, 114 Mo. 326, 331; McC-rath v. Railroad, 128 Mo. 1. (2) The court erred in not sustaining appellants’ plea of former adjudication. The mechanic’s…
1Opinion of the CourtTrimble, J.
Suit on account to enforce a mechanic’s lien for the sale and installation of a heating plant in a residence owned by defendant Caroline *222B. Stephenson. The suit is against Mrs. Stephenson, her husband, W. Gr. Stephenson, and Marion Rose the holder of a deed of trust thereon. There were other defendants who held deeds of trust on the property but, as the controversy here, is, between plaintiff and defendant Rose only, the names and interests of those other defendants need not be stated. The facts are not in dispute. Under contract with the owner, Mrs. Stephenson, plaintiff sold and installed a…
2Cases cited4 opinions
- McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
- White v. ReedMissouri Court of Appeals · 1895
- Wycoff v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1910
- McCormick v. CloptonMissouri Court of Appeals · 1910
3Cited by8 opinions
- Richards Brick Co. v. WrightMissouri Court of Appeals · 1935
- Roseliep v. HerroWisconsin Supreme Court · 1931
- State v. SartoriusSupreme Court of Missouri · 1952
- Hiller v. SchulteMissouri Court of Appeals · 1913
- Hudson v. Maryland Casualty Co.Court of Appeals for the Eighth Circuit · 1927
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