Dugan Cut Stone Co. v. Gray
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. R. H, Field, Judge. (1) The mechanic’s lien law is to be liberally construed. Be Wittv. Smith, 63 Mo. 263; Gibsonv. Nagel, 5 Mo. App. 597. (2) Stone flagging used as the covering or roof of an area way, which is constructed at the same time as the building and used in connection with it, is properly subject to a lien, although it be outside of the lines of the lot and although it be used as a sidewalk. Pullis v. Hoffman, 28 Mo.
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Appeal from Jackson Circuit Court.—Hon. R. H, Field, Judge. (1) The mechanic’s lien law is to be liberally construed. Be Wittv. Smith, 63 Mo. 263; Gibsonv. Nagel, 5 Mo. App. 597. (2) Stone flagging used as the covering or roof of an area way, which is constructed at the same time as the building and used in connection with it, is properly subject to a lien, although it be outside of the lines of the lot and although it be used as a sidewalk. Pullis v. Hoffman, 28 Mo. App. 666; Henry v. Plitt, 84 Mo. 241; Beatty v. Parker, 141 Mass. 523; Kenny v. Apgar, 93N.Y. 539. (3) The reason of the rule…
1Opinion of the CourtMaceaklane, J.
This is a suit to enforce a mechanics’ lien against a lot, and building thereon for stone furnished for and used in the construction of a sidewalk, laid partly upon the street adjoining the *499building and partly upon the lot. The circuit court denied the right to a lien and gave judgment for defendant and plaintiff appealed to the Kansas City court of appeals, from which the case was transferred to this court. The requirements of the statutes necessary for securing the lien were all complied with and the sole question is, whether plaintiff is entitled to a lien upon the lot under the…
2Cases cited6 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Kenney v. . ApgarNew York Court of Appeals · 1883
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Henry v. PlittSupreme Court of Missouri · 1884
- Beatty v. ParkerMassachusetts Supreme Judicial Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Curators of the University of Missouri v. NeillSupreme Court of Missouri · 1966
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Ladue Contracting Co. v. Land Development Co.Missouri Court of Appeals · 1960
- Innie v. W & R, INC.Supreme Court of New Hampshire · 1976
- Southern Electrical Supply Co. v. Rolla Electric Light & Power Co.Missouri Court of Appeals · 1898
6 more not listed; retrieve them via the Exa API.