Bombeck v. Devorss
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hon. Joseph P. Crubb, Judge. Statement of case by the court. On the fourth day of March, 1876, a petition was filed with the clerk of the circuit court in the case of Daniel F. Bombeck v. William Devorss. As to that petition the record in this case shows only this. The petition itself is not in this record.
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Appeal from Buchanan Circuit Court, Hon. Joseph P. Crubb, Judge. Statement of case by the court. On the fourth day of March, 1876, a petition was filed with the clerk of the circuit court in the case of Daniel F. Bombeck v. William Devorss. As to that petition the record in this case shows only this. The petition itself is not in this record. On the nineteenth day of January, 1877, Daniel F. Bombeck filed an amended petition, making William Devorss, Jefferson B. Baker and Eli Moore co-defendants. An order of publication was granted as to defendants Baker and Moore. The amended petition sought…
1Opinion of the Court
I
Hall, J.
The trial court properly dismissed the case as to defendant Devorss, for the third reason set out in Devorss’ motion.
This action could not be maintained against Devorss, the owner of the building, without Baker and Moore, *41with whom plaintiff had his contract, being made parties defendant.
Section 3180 of the Revised Statutes provides that “in all suits under this article the parties to the contract shall * * * be made parties * * *
By section 3187 of the Revised Statutes it is provided that all such actions shall be brought within ninety days after filing the lien.
By filing the…
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