Matlock v. Williams

• Decision Date: 31 January 1875
• Citation: Matlock v. Williams, 59 Mo. 105 (Mo. 1875)
• Parties: GEORGE MATLOCK, Appellant, v. MARCUS WILLIAMS et al. Respondents.
• Court: Missouri Supreme Court

59 Mo. 105

GEORGE MATLOCK, Appellant,

v.MARCUS WILLIAMS et al. Respondents.

Supreme Court of Missouri.

January Term, 1875.

Appeal from Cooper Circuit Court.

Ewing & Smith, and John Cosgrove, with McMillen Bros., for Appellant.

Draffen & Williams, for Respondents.

SHERWOOD, Judge, delivered the opinion of the court.

Suit to enforce mechanic's lien. The trial before the court resulted in a general judgment against the contractor, and a judgment in favor of the other defendants. The answers of the defendants were separate ones, and both denied the chief allegations of the petition, and among them that the lien was filed, etc., within the requisite statutory period. The plaintiff filed his replies to these answers. But the account which was filed with the clerk of the Circuit Court, showing the date of its filing, and proper verification, is not to be found incorporated in the bill of exceptions, nor even among the other papers contained in the transcript.

It is true that the parties have stipulated that “the plaintiff read in evidence his mechanic's lien;” but as to the contents and component parts of that paper, the date of its filing, its compliance with the requisitions of the statute, we are left to conjecture. But even if there were no fault to find in this respect there are objections equally fatal as to the giving of the declaration of law No. 2, on the part of the defendants...