17 Mo. 271 | Mo. | 1852
delivered the opinion of the court.
Edgar sued out a scire facias from the Circuit Court of St. Louis county, to enforce a lien upon a building which had been erected for the defendants in that county. The particu
When a mechanic or other person claims to have a lien upon a building, he is to file a just and true account of the demand due him, after all credits are given, and that account must appear to be for work or materials for which the statute gives a lien, and if, in a demand upon a single item of charge, any services for which he might have a lien, are combined with other charges for which no lien is given, the whole benefit of the act will be lost. In such a case, it would be impossible for any person to separate the different portions of the demand, and ascertain how much of the gross charge was an incumbrance on the property, and how much was for general, indebtedness. The object of these acts is to make certain classes of debts incumbrances on the property, binding the same when the statute is complied with, into whosesoever hands it may come. The lien is but the creature of the statute, and only arises, and can only be enforced as the statute directs.
In the present case, we have one single charge of five hundred dollars, claimed as due under some agreement which is not set out, and the charge is for different kinds of service, such as plans and specifications, making contracts, superintending the construction of the buildings, disbursing money, and then there are three comprehensive &es. used, and for the
It will be seen that the question, whether an architect, who superintends the erection of buildings, is entitled to a lien, is not decided. This is only for the reason that its decision is not necessary in this case. The demurrer was properly sustained, and the judgment is affirmed.