71 Mo. App. 465 | Mo. Ct. App. | 1897
This is an action which was brought before a justice of the peace to enforce a mechanics’ lien. The suit was brought against B. E. Billingslea, the lotowner with whom was joined the above named defendant, on the ground that it claimed some interest in the property which it was sought to subject to the lien. It appears there was a judgment in the justice court for the enforcement of the lien. The lotowner, Billingslea, did not appeal, but the above named defendant did. The. defendant had judgment in the circuit court and the plaintiffs appealed. At the conclusion of the plaintiffs’ evidence, the circuit court, at the instance of the defendant, instructed the jury to return a verdict for the defendant, and this action of the court is assigned for error.
The above suggestions are made for the purpose of •showing that the evidence contained in the bill of exceptions did not tend to prove any fact which would authorize the court to give any judgment whatever against the defendant. There was no evidence tending to show that defendant had a lien of any kind against the property, ■ so that there was no case to submit to the jury. The judgment must accordingly be affirmed.