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33 Mo. 564

Schubert v. Crowley

Supreme Court of Missouri

Decided March 15, 1863

Supreme Court of Missouri · decided 1863-03-15

Louis Law Commissioner’s Court. Defendant proved that he paid Umberson, the contractor, in full before the service of the notice. The notice was served on the 1st day of September, 1859 ; the papers filed in the office of the clerk of the St. Louis Land Court were filed September 10th, 1859.

Good law ✅— No negative treatment on recordhow we know

Decided 1863-03-15

How this case has been cited

Cited by 3 later decisions — most recently January 1910

3 state decisions

10186318701880189019001910decided

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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Bay, Judge,

¶1delivered the opinion of the court.-

¶2The statute relating to mechanics’ liens applicable to St. Louis county requires that every person except the original contractor, who may wish to avail himself of the benefit of the act, shall give ten days’ notice before the filing of the lien to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount, and from whom the same is due. The record in this case shows that the defendant Crowley, who owned the building, received but nine days’ notice of such claim, and that he had paid the original contractor in full. It was error, therefore, to render judgment against him. The judgment will be reversed as to the defendant Crowley;

the other judges concurring.
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