Legal Opinion

Jones v. Swan & Co.

Supreme Court of Iowa

Decided October 2, 1866PublishedCited by 21 opinions

Appeal from Johnson District Court. Mechanics’ lien. — Tbe account commenced in December, 1863, and closed in May, 1865 ; amounts to $750.55, and is for work and materials done and furnished on and about certain machinery in a flax factory, situated upon the premises described in the petition, at the request and upon a contract, as is alleged, with the defendants, Swan & Co. In June, 1865, plaintiff filed with the proper cleric an account of his demand, with a description…

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Appeal from Johnson District Court. Mechanics’ lien. — Tbe account commenced in December, 1863, and closed in May, 1865 ; amounts to $750.55, and is for work and materials done and furnished on and about certain machinery in a flax factory, situated upon the premises described in the petition, at the request and upon a contract, as is alleged, with the defendants, Swan & Co. In June, 1865, plaintiff filed with the proper cleric an account of his demand, with a description of-the property to be charged with his lien, duly verified by affidavit. On the 24th day of April, 1865, Swan &. Co. made…

1Opinion of the CourtWright, J.

i. mechanoontraotf" —No question is made as to the correctness of plaintiff’s account. The error relied on is in establishing the lien. Swan & Co., in their answer, deny the right to a lien, unless it be for such items as were furnished within one yea/r before the commencement of this suit, to wit, June 30, 1865.'

The other defendants deny the'right to a lien, except for such items as were furnished within ninety days next before filing the claim with the clerk of the District Court. Under the first theory, plaintiffs were entitled to a lien for some $600 of their claim; under the second for…

2Cases cited2 opinions

  1. Cotes v. ShoreySupreme Court of Iowa · 1859
  2. Bonsall v. TaylorSupreme Court of Iowa · 1858

3Cited by21 opinions

  1. Eufaula Water Co. v. Addyston Pipe & Steel Co.Supreme Court of Alabama · 1889
  2. Union Trust Co. v. CasserlyMichigan Supreme Court · 1901
  3. Kizer Lumber Co. v. MoselySupreme Court of Arkansas · 1892
  4. Neilson, Benton & O'Donnel v. Iowa Eastern R. Co.Supreme Court of Iowa · 1879
  5. National Surety Co. v. PriceCourt of Appeals of Kentucky · 1915

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