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16 Mo. 340

Doellner v. Rogers

Supreme Court of Missouri

Decided March 15, 1852

Supreme Court of Missouri · decided 1852-03-15

•Appeal from St. Louis Circuit Court. insisted that tbe new code of practice abolishes the writ of scire facias, as a remedy to enforce a mechanic’s lien. He based his argument upon article one, section one ; article five, section one ; article six, section one ; article seven, section two, and article thirty, section four. This writ does not come within the exceptions in article thirty, section six.

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Decided 1852-03-15

How this case has been cited

Cited by 4 later decisions — most recently April 2002

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Scott, Judge,

¶1delivered the opinion of the court.

¶2This was a proceeding under the statute concerning mechanics’ liens, to enforce a claim against a building. The only question presented by the record is, whether the remedy by scire facias given by the lien law is taken away by the late code of practice.

¶3The sixth section of the thirtieth article of the late act concerning proceedings in courts of justice enacts, that until the legislature shall otherwise provide, this act shall not affect proceedings upon mandamus, quo warranto, prohibition, information, scire facias to repeal letters patent, nor to any special statutory remedy not heretofore obtained by action or bill in equity. The lien created in favor of mechanics, and its mode *341of enforcement, are both mere creatures of tbe statute. They have no common law authority whatever on which they can stand. It is true that the writ of scire facias was known to the common law, but its application to purposes mentioned in the lien law was unheard of. We are of opinion, that the code never contemplated that the proceedings under the lien law should be affected by any of its provisions.

¶4The other Judges concurring, the judgment will be affirmed.

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