71 Mo. App. 251 | Mo. Ct. App. | 1895
This action was brought by a subcontractor to enforce a mechanic’s lien against defendant’s property for material furnished to Brown, who was the contractor with defendant to build his house. The lien paper, set out in the statement of this cause, was excluded by the trial court, and the correctness of this ruling is the principal question for determination. The point made against the lien paper is that it is not the “just and true account,” required by section 6709, Revised Statutes 1889, its items not being dated, and that it does not therefore appear when they were furnished. The statute requires the claimant to file with the clerk of the circuit court “a just and true account of the demand due him,” within the times limited “after the indebtedness shall have accrued.”
Our decision here is in conflict with the case in the St. Louis court of appeals, of Hayden v. Wulfing, 19 Mo. App. 353, and we must therefore certify this cause to the supreme court.
The judgment, with the concurrence of the other judges, is affirmed and the cause transferred to the supreme court.