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2 Mo. App. 148

Hastings v. Woods

Missouri Court of Appeals

Decided April 25, 1876

Missouri Court of Appeals · decided 1876-04-25

<p>A public school building, erected and used exclusively for the purposes of public education, is not subject to a mechanic’s lien for materials furnished the contractor.</p>

Cited by 1 later decisions — most recently July 1890

1 state decisions

Relies on Abercrombie v. Ely

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1876-04-25

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Bakewell, J.,

¶1delivered the opinion of the court.

¶2This action is by the plaintiff, as sub-contractor, against Woods and Barnes, original contractors, and “ The Board of President and Directors of the St. Louis Public Schools,” owner, to enforce a mechanic’s lien.

¶3The casé being submitted to the court, judgment was given for plaintiff against the defendants Woods and Barnes, and in favor of the other defendant, the Board of President and Directors of the St. Louis Public Schools. The plaintiff having duly excepted to the action of the court helow, in striking out his reply to the separate answer of defendant, the Board of President and Directors of the St. Louis Public Schools, in refusing an instruction asked by him, and in overruling his motion for a new trial, the cause is brought here by writ of error.

¶4The only question presented for decision is whether or no a public school building, erected and used exclusively for *150purposes of public education, is subject to a mechanic’s; lien for-materials furnished to the contractor, under the statute relating to mechanic’s liens.

¶5It is quite clear that it is not. The decisions of the-Supreme Court have restricted the terms of the general act to buildings, etc., belonging to private individuals. The-question as to school-houses is expressly decided in Abercrombie v. Ely, 60 Mo. 23. The judgment of the Circuit-Court is affirmed.

The other judges concur.
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