[DOWNLOAD] "Deal Lumber Co. v. Vieux" by Supreme Court of Kansas ~ Book PDF Kindle ePub Free
eBook details
- Title: Deal Lumber Co. v. Vieux
- Author : Supreme Court of Kansas
- Release Date : January 09, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The opinion of the court was delivered by Two appeals are before us arising out of the following:
Defendants Fred R. and Virginia Vieux commenced the construction
of a house in Augusta, Kansas, and purchased lumber and materials
from plaintiff, The T.M. Deal Lumber Company; the labor and
construction (in a large part) was performed by defendant
Lawrence Knebler. Difficulties arose as to the payment of labor
and materials as a result of which plaintiff lumber company filed
its verified materialmen's lien statement on April 30, 1954, and
defendant Knebler filed his verified statement for a mechanic's
lien on the same date. On July 30, 1954, plaintiff lumber company
commenced its action to foreclose its materialmen's lien. It made
the Vieux and Knebler parties defendant as well as The Prairie
State Bank, a corporation, and The Eureka Federal Savings and
Loan Association. To this petition defendant Knebler filed an
answer and cross petition to foreclose his mechanic's lien.
Defendants Vieux demurred to the petition of plaintiff lumber
company. On April 14, 1955, this demurrer was sustained. On the
same day the demurrer was sustained plaintiff lumber company
presented to the district court a motion for leave to file an
amended petition, which had attached thereto the amended petition
sought to be filed. The court permitted the amended petition to
be filed, and granted defendants Vieux twenty days in which to
plead. Copies of the motion and of the amended petition were
served upon counsel for defendants Vieux prior to or on the date
it was heard, but not upon Knebler or his counsel or upon other
parties defendant or their counsel. However, the journal entry
sustaining the demurrer and the motion to file the amended
petition was approved by counsel
[179 Kan. 762]
for all parties defendant. Later, copies of the motion and the
amended petition were mailed to counsel for defendants Knebler,
The Prairie State Bank and the loan association.