Stebed v. Stock
Supreme Court of Missouri
Error to the St. Louis Land Court. This was a suit upon a mechanic’s lien, filed in May, 1857, the cause of action having occurred in November, 1856, brought in the St. Louis land court. At the trial the plaintiff proved his account, and asked for judgment for the value of the work and labor, and materials.
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Error to the St. Louis Land Court. This was a suit upon a mechanic’s lien, filed in May, 1857, the cause of action having occurred in November, 1856, brought in the St. Louis land court. At the trial the plaintiff proved his account, and asked for judgment for the value of the work and labor, and materials. The court gave the following instruction as prayed by defendant ; If the jury find from the evidence in this cause that the plaintiff in this case did not file a just and true account of his demand against defendant within ninety days after all the things claimed in said account wore…
1Opinion of the CourtBates, Judge
This cause was heretofore submitted to the court, and an opinion prepared by Judge Ewing, in which Judge Napton concurred, but no judgment was entered.' The parties, before knowing what that opinion is, have agreed that judgment may be entered in accordance with'it. The judgment below is therefore affirmed,
all the judges concurring. Ewing, Judge.
The only question raised by the instructions is as to the plaintiff’s right to a lien upon the facts proved. The instructions given by the court assume that the account should have been filed within ninety days after all the materials were furnished,…
2Cases cited1 opinion
- Patrick v. AbelesSupreme Court of Missouri · 1858
3Cited by1 opinion
- Abbott v. LindenbowerSupreme Court of Missouri · 1870