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CAMPBELL STREET LUMBER CO. v. CENTRAL MORTGAGE CO.

No. 8710.

436 S.W.2d 57 (1968)

CAMPBELL STREET LUMBER COMPANY, Plaintiff-Respondent, v. CENTRAL MORTGAGE CO., Inc., Defendant-Appellant, George Winegardner, d/b/a Winegardner Plumbing & Heating, Defendant-Respondent, Gerald D. Garner and Janet L. Garner, Defendants.

Springfield Court of Appeals, Missouri.

December 23, 1968.

Attorney(s) appearing for the Case

E. W. Collinson, Springfield, for defendant-appellant.

Donald W. Jones, Church, Prewitt, Jones, Wilson & Karchmer, Springfield, for plaintiff-respondent.

William Andrew Dalton, Daniel, Clampett, Ellis, Rittershouse & Dalton, Springfield, for defendant-respondent.

HOGAN, Presiding Judge.

This is an action to enforce and foreclose a materialmen's lien. Though it has been neither briefed nor argued, the central and dispositive question in this court is whether or not the only appealing party is actually entitled to appeal. We address ourselves solely to that question.

The plaintiff's petition was obviously designed to invoke the provisions of Rule 101.11 (§ 429.270),1 which applies when...

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