Schroeder v. Frederick
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. The trial court had no jurisdiction. The plaintiffs failed to allege that before instituting the suit they filed a notice in the office of the clerk of the circuit court, stating the time when, and the justice before whom, they would institute the suit. Ewing v. Donnelly, 20 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. James A. Seddon, Judge. The trial court had no jurisdiction. The plaintiffs failed to allege that before instituting the suit they filed a notice in the office of the clerk of the circuit court, stating the time when, and the justice before whom, they would institute the suit. Ewing v. Donnelly, 20 Mo. App. 6. The lien statement was improperly admitted in evidence, because it was not such as required by law in this, that it pretended to claim a lien upon two distinct lots, and the houses thereon, without showing whether they were built…
1Opinion of the CourtRombaxtee, P. J.
Plaintiffs, under a contract with one Kaiser, furnished certain materials for plastering two houses standing on contiguous lots, and upon their account, remaining *32unpaid, filed a lien claim against the property, which they prosecuted to judgment, first before a justice where the suit was instituted, and afterwards in the circuit court, to which the owner of the property had taken an appeal. From the last judgment the owner appeals to this court.
The errors. assigned are numerous and will be noticed in their order.,
I. It is claimed that the justice had no jurisdiction and hence the circuit…
2Cases cited5 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Hilliker v. FranciscoSupreme Court of Missouri · 1877
- Ewing v. DonnellyMissouri Court of Appeals · 1885
- Johnson v. Barnes & Morrison Building Co.Missouri Court of Appeals · 1886
- Garnett v. BerryMissouri Court of Appeals · 1876
3Cited by6 opinions
- Philip Gruner & Bros. Lumber v. JonesMissouri Court of Appeals · 1897
- McDonnell v. NicholsonMissouri Court of Appeals · 1896
- Uhrich v. OsbornMissouri Court of Appeals · 1904
- College Hill Press Brick Works v. ThompsonMissouri Court of Appeals · 1894
- McLaughlin v. SchultzSupreme Court of Missouri · 1894
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