Faulkner v. Bridget
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Now. Hugh Dabbs, Judge. (1) The notice in this case was a substantial compliance with the statute. It was served ten days before the lien was filed and contained all that the statute required, and fixing the time for filing of lien was surplusage, and did not invalidate the lien or notice.
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Appeal from Jasper Circuit Court. — Now. Hugh Dabbs, Judge. (1) The notice in this case was a substantial compliance with the statute. It was served ten days before the lien was filed and contained all that the statute required, and fixing the time for filing of lien was surplusage, and did not invalidate the lien or notice. R. S. 1899, sec. 4221; Hahn v. Dieckes, 37 Mo. 574; State v. Watson, 141 Mo. 338; State v. Napper, 141 Mo. 401; State v. Wilson, 143 Mo. 334; State v. Miller, 156 Mo. 76; State v. Walker, 167 Mo. 366; State v. Major, 81 Mo. App. 2891. (2) The court erred in holding that…
1Opinion of the CourtBroaddus, P. J.
— This suit is to enforce a mechanic’s lien against a mining plant belonging to the respondent company for a balance due from defendant, T. O. Bridget, the contractor. The judgment was in favor of the defendant company, from which plaintiffs appealed.
On February 26, 1904, the plaintiffs served a notice in writing on defendant company stating that they had a claim against the property for a balance due from the said contractor, Bridget, of $162.18, and that they would file a mechanic’s lien on the property in the circuit clerk’s office on the 5th day of March, 1904. This notice was not filed…
2Cases cited3 opinions
- Hydraulic Press Brick Co. v. McTaggartMissouri Court of Appeals · 1898
- Lindsay v. DavisSupreme Court of Missouri · 1860
- Dugan Cut Stone Co. v. GraySupreme Court of Missouri · 1893
3Cited by4 opinions
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- State v. CordaroSupreme Court of Iowa · 1930
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