Mulloy v. Lawrence

Decided March 15, 1862

Supreme Court of Missouri · decided 1862-03-15

Louis Land Court. Suit upon a mechanic’s lien for materials furnished to defendants between February 15th and May 1st, 1858, to be used in the… Held: that when a plaintiff in a scire facias upon a mechanic’s lien has been nonsuited, he may file another upon the same demand, and proceed thereon, though the former claim remains on the records of the court. I. The statute being in contravention of the common law, and granting special privileges, must be strictly construed.

Relies on Patrick v. Abeles

Good law ✅— No negative treatment on recordhow we know

Decided 1862-03-15

How this case has been cited

Cited by 13 later decisions — most recently August 1988

1 federal appellate · 11 state decisions

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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Bates, Judge,

¶1delivered the opinion of the court.

¶2The first instruction given by the land court was right; the plaintiff could have but one lien for the same demand. If he failed to sue in proper time after filing it, he has lost his lien and special remedy thereon; he can not cure his neglect by filing the same lien again.

¶3The second instruction was, however, erroneous. This court has decided in Patrick v. Abeles, 27 Mo. 184, the very point included in that instruction ; that is, that the plaintiff might have a general judgment, though he failed to establish his right to a lien and special judgment thereon.

¶4Judgment reversed and cause remanded for a new trial.

Judges Bay and Dryden concur.