Legal Opinion

Rumsey & Sikemier Co. v. Pieffer

Missouri Court of Appeals

Decided November 29, 1904PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — lío». John A. Blevins, Judge. The court erred in refusing plaintiff the right to amend by bringing in E. F. Nolte as a party defendant. R. S. 1899, sec. 4211; R. S. 1899, sec. 4218; Steinman v. Stumple, 29 Mo. App. 482; State Co. v. Insurance Co., 62 Mo. App. 569; Holland v. Cunliff, 96 Mo.

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Appeal from St. Louis City Circuit Court. — lío». John A. Blevins, Judge. The court erred in refusing plaintiff the right to amend by bringing in E. F. Nolte as a party defendant. R. S. 1899, sec. 4211; R. S. 1899, sec. 4218; Steinman v. Stumple, 29 Mo. App. 482; State Co. v. Insurance Co., 62 Mo. App. 569; Holland v. Cunliff, 96 Mo. App. 67, 67 S. W. 737; Horstkotte v. Menier, 50 Mo. 158. (1) The original contractor is a necessary party in a suit before a justice of the peace to establish a mechanic’s lien and a failure to join him as a party defendant renders the judgment void for want of…

1Opinion of the CourtGoode, J.

— The plaintiff (appellant) is an incorporated company. Lewis A. J. Lippelt and Emma Lippelt were the owners of premises in the city of St. Louis on which buildings were erected in 1902. It is alleged that Lewis A. Lippelt, as trustee and Florence H. Liebke have an interest in the. premises. This appeal was taken by said owners and the other parties interested in the premises. The original contractor with the owners for the erection of the buildings was Edward H. Nolte. The defendant ¥m. J. Pieffer was a subcontractor under Nolte for the plumbing work done in the buildings. The plaintiff…

2Cases cited4 opinions

  1. Horstkotte v. MenierSupreme Court of Missouri · 1872
  2. Bombeck v. DevorssMissouri Court of Appeals · 1885
  3. Fury v. BoecklerMissouri Court of Appeals · 1878
  4. Johnson-Frazier Lumber Co. v. Schuler & MuenchMissouri Court of Appeals · 1892

3Cited by4 opinions

  1. American Radiator Co. v. Conner Plumbing & Heating Co.Supreme Court of Missouri · 1919
  2. Hiller v. SchulteMissouri Court of Appeals · 1913
  3. McPherrin v. Lumbermen's Supply Co.Missouri Court of Appeals · 1922
  4. Henry Weis Cornice Co. v. J. B. Neevel & SonsMissouri Court of Appeals · 1915

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