Kansas City Hydraulic Press Brick Co. v. Barker
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Under the statute regulating practice, it is declared that “the filing of a petition in a court of record, or a statement of account before a court not of record, and suing out process therein, shall he taken and deemed the commencement of a suit.” R. S. 1889, sec. 2013. The statute as it stood prior to the revision of 1889 did not contain the foregoing declaration as to when a suit was begun.
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Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Under the statute regulating practice, it is declared that “the filing of a petition in a court of record, or a statement of account before a court not of record, and suing out process therein, shall he taken and deemed the commencement of a suit.” R. S. 1889, sec. 2013. The statute as it stood prior to the revision of 1889 did not contain the foregoing declaration as to when a suit was begun. R. S. 1879, sec. 3485. The above was carried forward from 1848, after the code was adopted in successive revisions to 1879. R. S.…
1Opinion of the CourtSmith, P. J.
— This is an action to enforce a mechanic’s lien. There was a trial and judgment for the plaintiff, to reverse which the defendants have appealed. The only question to be determined in this case is whether the suit was commenced within ninety days *63after lien was filed. The facts are not disputed. The lien was filed in the clerk’s office on April 4,1890. The petition was filed July 2,1890, being within ninety days from the filing of the lien, and the clerk was directed at the time of filing the petition to issue summons thereon according to law. The clerk neglected or omitted to issue the…
2Cases cited10 opinions
- Spurlock v. SprouleSupreme Court of Missouri · 1880
- Blake v. City of St. LouisSupreme Court of Missouri · 1867
- Gosline v. ThompsonSupreme Court of Missouri · 1875
- Fenwick v. GillSupreme Court of Missouri · 1866
- Bailey v. McGinnissSupreme Court of Missouri · 1874
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3Cited by1 opinion
- Becker v. StroeherSupreme Court of Missouri · 1902