Carney Bros. v. Reed
Supreme Court of Iowa
Appeal from Poweshiek District • Court. — Hon. A. R., Dewey, Judge. Plaintiees brought this action in equity to foreclose at mechanic’s lien. In their petition they claim to have sold, to the defendant, F. H. Reed, materials for the erection of a certain building, and that a statement and claim for lien was filed as provided by law.
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Appeal from Poweshiek District • Court. — Hon. A. R., Dewey, Judge. Plaintiees brought this action in equity to foreclose at mechanic’s lien. In their petition they claim to have sold, to the defendant, F. H. Reed, materials for the erection of a certain building, and that a statement and claim for lien was filed as provided by law. The allegation is also made-that, subsequent thereto, F. H. Reed sold and transferred the property covered by the lien to his codefendant, W. A-Reed. F. H. Reed answered, denying the account in part;, alleging that a large part of the materials designated in. the…
1Opinion of the Court
Bishop, J. —
2 The right to dismiss an action once brought as regulated by section 3764 of the Code. Subdivision 1 of ■said section alone has application to the case before us. It is therein provided, in substance, that the plaintiff may dismiss his action before the final submission of the case to the court, when the trial is by the court. By the succeeding section, 3765, it is provided that in all •other cases upon the trial of the action the decision must be upon the merits. In McArthur v. Schultz, 78 Iowa, 364, we held that section 3764, by construction, denies the right to dismiss after a…
2Cases cited3 opinions
- Dunn v. WolfSupreme Court of Iowa · 1891
- Boyce v. Wabash Railway Co.Supreme Court of Iowa · 1884
- McArthur v. SchultzSupreme Court of Iowa · 1889
3Cited by8 opinions
- Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- Mahaffa v. MahaffaSupreme Court of Iowa · 1941
- McClain v. Kansas City Bridge Co.Supreme Court of Missouri · 1935
- Crane v. LeclereSupreme Court of Iowa · 1927
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