Matlack v. Lare
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. Plaintiffs commenced suit in the Law Commissioner’s Court, March 17,1859, upon a mechanic’s lien, filed in the office of the clerk of the St. Louis Land Court, March 14, 1859, for the sum of one hundred and fifty-seven dollars and sixty cents.
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Appeal from St. Louis Law Commissioner’s Court. Plaintiffs commenced suit in the Law Commissioner’s Court, March 17,1859, upon a mechanic’s lien, filed in the office of the clerk of the St. Louis Land Court, March 14, 1859, for the sum of one hundred and fifty-seven dollars and sixty cents. At the trial the plaintiffs offered in evidence a certified copy of the lien as filed in the Land Court, to the admission of which defendant objected, because the court had no jurisdiction over the sum of one hundred and fifty dollars. The plaintiffs thereupon asked leave to remit the sum of seven dollars…
1Opinion of the CourtBay, Judge
In Hempler v. Schneider, 17 Mo. 258, and Denny v. Eckelkamp, 30 Mo. 140, this court held that a party might give jurisdiction to an inferior court by a voluntary renunciation of a part of his demand. This cause, however, must be remanded, for the reason that there was no lien to enforce. To entitle the plaintiffs to a lien it was necessary for them to file with the clerk of the St. Louis Land Court a just and true account of their demand, which they seek to make a lien upon the buildings and a true description of the property, or so near as to identify the same, upon which the lien is…
2Cases cited3 opinions
- Patrick v. AbelesSupreme Court of Missouri · 1858
- Hempler v. SchneiderSupreme Court of Missouri · 1852
- Denny v. EckelkampSupreme Court of Missouri · 1860
3Cited by16 opinions
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- De Witt v. SmithSupreme Court of Missouri · 1876
- Williams v. PorterSupreme Court of Missouri · 1873
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Kinnear Manufacturing Company v. MyersMissouri Court of Appeals · 1970
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