23 Mo. App. 448
Decided November 23, 1886
Missouri Court of Appeals · decided 1886-11-23
<p>1. Mechanic's Liens—Sub-contractors—Notice.—It is essential to a. sub-contractor’s recovery against the contractor and the owner, that he should show service, upon the owner, of notice of his intention to lile a lien, within the time required by statute, and the owner's . absence from the state will not excuse a faihu-e to do so.</p> <p>2. - Pleadings—Alternative Pleas.—In pleading statements-in the alternative each of the alternatives must state a legal cause .of action or defence, and if either of the statements is insufficient in law-the entire plea is defective.</p>
Affirmed · Decided 1886-11-23
¶1delivéred the opinion of the court.
¶2This case is the same in its essential features as the-case of Hewitt v. Truitt (ante, p. 443); and, for the reasons set forth in the opinion delivered in that case, the-judgment of the circuit court in this case will be affirmed.. It is so ordered.