Williams v. Dittenhoefer
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Now. J. L. Fort, Judge. (1) There is no service of the notice in this case. The statute is that it shall he the duty of all persons claiming said lien within said ninety days to serve a copy of the account on the person or corporation owning or operating or having charge of said road or of the property to which said lien attaches. R. S. 1899, sec. 4241. The statute makes no provision for serving this notice.
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Appeal from Butler Circuit Court. — Now. J. L. Fort, Judge. (1) There is no service of the notice in this case. The statute is that it shall he the duty of all persons claiming said lien within said ninety days to serve a copy of the account on the person or corporation owning or operating or having charge of said road or of the property to which said lien attaches. R. S. 1899, sec. 4241. The statute makes no provision for serving this notice. Where notice is required by statute without prescribing the method of service, personal notice is intended, and personal notice must be given by a…
1Opinion of the CourtLamm, J.
The Southern Missouri & Arkansas Railroad Company is a domestic railroad corporation, *139and in 1901, bnilt a railroad from the city of Cape Girardeau through the county of the same name, as well as the counties of Bollinger, Stoddard, Wayne, Butler and Ripley to the line between Missouri and Arkansas, and thence into Arkansas. It let a contract for the construction of its roadbed, etc., to Irvin M. Dittenhoefer, who in turn contracted a portion of the work to Killebrew & Co., a firm, and they in turn contracted with respondents, who performed.
A-dispute arising over the classification and…
2Cases cited8 opinions
- Haldane v. United StatesCourt of Appeals for the Eighth Circuit · 1895
- Ryan v. KellyMissouri Court of Appeals · 1880
- Lounsbury v. Iowa, Minnesota & North Pacific R. Co.Supreme Court of Iowa · 1878
- City of Sedalia v. GallieMissouri Court of Appeals · 1892
- Heltzell v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- State Ex Rel. Davidson v. CaldwellSupreme Court of Missouri · 1925
- Kahn v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1910
- State Ex Rel. Mueller Baking Co. v. CalvirdSupreme Court of Missouri · 1936
- Little Rock Trust Co. v. Southern Missouri & Arkansas RailroadSupreme Court of Missouri · 1906
4 more not listed; retrieve them via the Exa API.