Hydraulic Press Brick Co. v. McTaggart
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. With regard to .the first point relied on in appellant’s brief, appellant ought not to be heard now in regard to the matters complained of therein, as it has been repeatedly decided by this court and the supreme court, that errors not complained of in the motion for a new trial and not called to the trial court’s attention; will not be reviewed on appeal.
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Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. With regard to .the first point relied on in appellant’s brief, appellant ought not to be heard now in regard to the matters complained of therein, as it has been repeatedly decided by this court and the supreme court, that errors not complained of in the motion for a new trial and not called to the trial court’s attention; will not be reviewed on appeal. R. S. 1879, sec. 3774; R. S. 1889, sec. 2302; Ridenour v. K. C. Cable R’y Co., 102 Mo. 270, loe. cit. 291; Lyon v. McMaster, 103 Mo. 612; Wilson v. Taylor, 119…
1Opinion of the CourtBond, J.
Plaintiff established a mechanics’' lien for $1,489.99 against the property of defendant Smith, and recovered a personal judgment for said sum against the subcontractors of the brick work performed on the building erected on said property. The owner duly appealed to this court.
The first error assigned is the alleged insufficiency of the proof of notice required to be given by a materialman in order to avail himself of the benefit of the mechanics’ lien law. R. S. 1889, sec. 6723. It is claimed that the notice of the lien laws claimed is defective in failing to recite in so many words “from…
2Cases cited2 opinions
- Ittner v. HughesSupreme Court of Missouri · 1896
- Uthoff v. GerhardMissouri Court of Appeals · 1890
3Cited by16 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Sears, Roebuck & Co. v. Seven Palms Motor Inn, Inc.Supreme Court of Missouri · 1975
- Putnam v. HeathmanMissouri Court of Appeals · 1963
- Missouri Land Development Specialties, LLC v. Concord Excavating Co.Missouri Court of Appeals · 2008
- Banner Lumber Co. v. RobsonMissouri Court of Appeals · 1914
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