Mulloy v. Lawrence
Cases that cite this one
13 later published cases cite this decision.
- Mullen Lumber Co. v. Lore (Mass. 1989)
- Mullen Lumber Co. v. Lore (Mass. App. Ct. 1988)
- Schwarz & Gottlieb, Inc. v. Marcuse (Cal. 1917)
- Bewick v. Price (Mo. Ct. App. 1913)
- Philip Gruner & Bros. Lumber v. Hartshorn-Barber Realty & Building Co. (Mo. Ct. App. 1913)
- Clark Williams Realty Co. v. Briggs (Mo. Ct. App. 1912)
- Liberty Perpetual Building & Loan Co. v. M. A. Furbush & Son Mach. Co. (4th Cir. 1897)
- Barnett's v. Clooney (Mo. Ct. App. 1896)
- Hormann v. Wirtel (Mo. Ct. App. 1894)
- South Missouri Lumber Co. v. Wright (Mo. 1893)
- Battle v. McArthur (U.S. Circuit Court for the District of Eastern Missouri 1891)
- Wernse v. McPike (Mo. 1885)
- Davis v. Schuler (Mo. 1866)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
The 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.
The 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.
Judgment reversed and cause remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.