Hughes Bros. Paint & Hardware Co. v. Prewitt

• Decision Date: 19 May 1913
• Court: Missouri Court of Appeals
• Parties: HUGHES BROS. PAINT & HARDWARE CO. v. PREWITT et al.

157 S.W. 120

170 Mo. App. 594

HUGHES BROS. PAINT & HARDWARE CO. v. PREWITT et al.

Kansas City Court of Appeals. Missouri.

May 19, 1913.

1. JUSTICES OF THE PEACE (§ 130) — JUDGMENTS — NECESSITY OF APPEAL.

Where one defendant did not appeal from an adverse judgment in justice court, such judgment is conclusive upon him, though his co-defendant appealed to the circuit court.

2. MECHANICS' LIENS (§ 141) — PROCEEDINGS TO PERFECT — LIEN STATEMENT.

Under Rev. St. 1909, § 8217, requiring plaintiff to file with the clerk of the circuit court a just and true account of the demand due him and a true description of the property upon which the lien is intended to apply, with the name of the owner or contractor, or both, a lien paper which stated the name of the contracting party with whom plaintiffs agreed to do the work and furnish the materials is sufficient, although such party was only a subcontractor under a general contractor with whom the owner had negotiated.

3. MECHANICS' LIENS (§ 263) — PROCEEDINGS — PARTIES — NECESSARY PARTIES.

The requirement of Rev. St. 1909, § 8221, that in mechanic's lien suits the parties to the contract shall be joined is jurisdictional, and the failure to comply therewith is fatal to the judgment.

4. MECHANICS' LIENS (§ 263) — PROCEEDINGS — NECESSARY PARTIES.

Rev. St. 1909, § 8221, providing that in mechanic's lien suits parties to the contract shall be made parties, refers to the parties to the particular contract which is the subject of the inquiry, and as between whom personal judgment may be rendered, and it is sufficient if a lien claimant makes the subcontractor with whom he dealt a party.

5. MECHANICS' LIENS (§ 263) — PROCEEDINGS — PARTIES — STATUTE.

Under Rev. St. 1909, § 8233, imposing on the original contractor the duty of defending

any lien suit prosecuted against the owner, the original contractor should be joined as a co-defendant in an action brought by a materialman who dealt with a subcontractor.

6. MECHANICS' LIENS (§ 263) — PROCEEDINGS — PARTIES — NECESSARY PARTIES.

The requirement of Rev. St. 1909, § 8233, that the original contractor, when made a party, shall defend any lien suit prosecuted against the owner is not jurisdictional and the joinder of the original contractor is not a prerequisite to the validity of a lien judgment.

7. JUSTICES OF THE PEACE (§ 77) — PARTIES — NONJOINDER — OBJECTION.

Where the justice court had jurisdiction of a lien suit, a judgment in favor of the lien claimants will be held to have cured the omission of proper parties, where no objection on the score of defect of parties was made before judgment.

Appeal from Circuit Court, Jackson County; James H. Slover, Judge.

Action by the Hughes Bros. Paint & Hardware Company against J. F. Prewitt, Louis N. Rowland, and another. There was a judgment for plaintiff in the justice court. Louis N. Rowland alone appealed to the circuit court, where judgment was again rendered for plaintiff, from which judgment defendants appeal. Affirmed.

William B. Yoder and Halbert H. McCluer, both of Kansas City, for appellants. New, Kennish & Krauthoff, John N. Davis, and John C. Hilkey, all of Kansas City, for respondent.

JOHNSON, J.

This is a mechanic's lien suit commenced in a justice court in Jackson county against J. F. Prewitt, as contractor, and defendants William H. Rowland and Louis N. Rowland, as owners of the property sought to be charged with the lien.

Personal judgment against Prewitt was rendered in favor of plaintiff and a lien adjudged against the property. Louis N. Rowland alone appealed to the circuit court. A trial there resulted in a judgment for plaintiff for the foreclosure of the lien. Both of the Rowlands moved for a new trial, and when the motion was overruled both appealed to this court. Since William H. Rowland failed to appeal from the judgment rendered in the justice court, he had no standing in the circuit court and has none here. He is concluded by the judgment of the justice, as is...