429.210. The judgment. — The court shall ascertain, by a fair trial in the usual way, the amount of the indebtedness for which the lien is prosecuted, and may render judgment therefor in any sum not exceeding the amount claimed in the demand filed with the lien, together with interest and costs, although the creditor may have unintentionally failed to enter in his account filed the full amount of credits to which the debtor may be entitled.
Notes of Decisions
Missouri Land Dev. Specialties, LLC v. Concord Excavating Co., 269 S.W.3d 489 (Mo. Ct. App. 2008).
· cites it 4× “And second, the bank ignores the mechanic’s hen law of this state, in particular, Section 429.210. That section provides that the trial court may render judgment “in any sum not exceeding the amount claimed in the demand filed with the hen, together with interest and costs.”
Dave Kolb Grading, Inc. v. Lieberman Corp., 837 S.W.2d 924 (Mo. Ct. App. 1992).
· cites it 3× “Section 429.210, RSMo (1986) provides that the trial court may render judgment “in any sum not exceeding the amount claimed in the demand filed with the lien, together with interest and costs.”
Glenstone Block Co. v. Pebworth, 264 S.W.3d 703 (Mo. Ct. App. 2008).
· cites it 4× “1967) (holding that section 429.210 7 allows for the payment of prejudgment interest).”
Foley Co. v. Walnut Assocs., 597 S.W.2d 685 (Mo. Ct. App. 1980).
· cites it 4× “In the instant case, § 429.210 RSMo 1978 expressly authorizes prejudgment interest.”
Cork Plumbing Co. v. Martin Bloom Assocs., Inc., 573 S.W.2d 947 (Mo. Ct. App. 1978).
· cites it 3× “argues that the state court should not have included interest in the judgment, because the subject matter of the action involved a bankruptcy which is a matter within the jurisdiction of the federal courts. The trial court, in a mechanic’s lien action, may render judgment for…”
A. E. Birk & Son Plumbing & Heating, Inc. v. Malan Constr. Co., 548 S.W.2d 611 (Mo. Ct. App. 1977).
· cites it 2× “A lien account is not vitiated by an unintentional failure to enter all of the credits to which the account is entitled, § 429.210 RSMo. 1969, nor will a lien fail due to a good faith inclusion of a charge which later is proved to have been excessive.”
Constr. Equip. Mgmt., Inc. v. Dunhill Dev. Corp., 892 S.W.2d 639 (Mo. Ct. App. 1994).
· cites it 2× “Further, § 429.210, RSMo 1986, provides: The court shall ascertain, by a fair trial in the usual way, the amount of the indebtedness for which the lien is prosecuted, and may render judgment therefore in any sum not exceeding the amount claimed in the demand filed with the hen,…”
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