Russell & Co. v. Johnston
Supreme Court of Iowa
Appeal from, Tama Circuit Court. Action to enforce a mechanic’s lien. Defendant ~W. E. Johnston entered into a contract with one J. T. Elliot for the erection by the latter of a dwelling-house and a barn on lands belonging to the former. Elliot contracted to furnish all material and perform all the labor necessary in the erection of said building. lie purchased certain material from plaintiffs to be used therein.
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Appeal from, Tama Circuit Court. Action to enforce a mechanic’s lien. Defendant ~W. E. Johnston entered into a contract with one J. T. Elliot for the erection by the latter of a dwelling-house and a barn on lands belonging to the former. Elliot contracted to furnish all material and perform all the labor necessary in the erection of said building. lie purchased certain material from plaintiffs to be used therein. They filed the statement required by the statute in the office of the clerk of the district court, and afterwards instituted this suit, in which they ask that their lien be…
1Opinion of the CourtReed, J.
h. ^“Lto novoVcaertífi^6 denceYtiue!’ This is an equitable action, and was tried in the circuit court in the manner prescribed by statute for trying equitable actions. The evidence was taken down ky ^ie short-hand reporter, and a transcript was afterwards filed in the clerk’s office. Attached *280to this transcript is a certificate of the judge of the circuit court to the effect that it contains all of evidence offered on the trial of the cause. This certificate is not dated. Appellants allege in their abstract that the evidence wras duly certified by the trial judge; but this allegation is…
2Cases cited2 opinions
- Betts v. City of GlenwoodSupreme Court of Iowa · 1879
- Mitchell v. LaubSupreme Court of Iowa · 1882
3Cited by3 opinions
- Buhlman v. HumphreySupreme Court of Iowa · 1892
- Stanley v. BarringerSupreme Court of Iowa · 1888
- Wise v. UsrySupreme Court of Iowa · 1887