Walkenhorst v. Coste
Supreme Court of Missouri
Appeal from St. Louis Laio Commissioner's Court. I. The court below erred in overruling the demurrer filed by the defendants, Coste, Barnet & Weber. The defendants Barnet & Weber were not, nor was either of them necessarily or properly parties to the action. They were not “ parties to the contract” on which the action was founded, nor “ interested in the matter in controversy and in the property charged with the lien,” or in either.
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Appeal from St. Louis Laio Commissioner's Court. I. The court below erred in overruling the demurrer filed by the defendants, Coste, Barnet & Weber. The defendants Barnet & Weber were not, nor was either of them necessarily or properly parties to the action. They were not “ parties to the contract” on which the action was founded, nor “ interested in the matter in controversy and in the property charged with the lien,” or in either. (Acts, 1857, p. 669, § 8.) The case does not fall within, and cannot be governed by, the principle of the case of Ashby v. Winston, 26 Mo. 210. II. The judgment…
1Opinion of the CourtBates, Judge
This was a suit for the enforcement of a mechanic’s lien. The building was owned by Coste; Barnet & Weber were contractors to erect it; Foster was a contractor with them to do the brick work, and the plaintiff, under a contract with Foster, furnished brick, for which the lien was filed. Barnet & Weber were the contractors for the erection of a row of seven buildings owned by different persons, Coste being the owner of one of them. Foster had one contract with Barnet & Weber to do the brick work of the whole seven, and the plaintiff, under one contract with Foster, furnished brick for the…
2Cited by6 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Holland v. CunliffMissouri Court of Appeals · 1902
- Horstkotte v. MenierSupreme Court of Missouri · 1872
- American Radiator Co. v. Conner Plumbing & Heating Co.Supreme Court of Missouri · 1919
- City of St. Louis ex rel. Rotchford v. De NoueSupreme Court of Missouri · 1869
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