Legal Opinion

Winter & Co. v. Hudson

Supreme Court of Iowa

Decided September 22, 1880PublishedCited by 12 opinions

Appeal from Des Moines Gwcwit Court. Action to establish and enforce a mechanic’s lien. Frank Milliard & Co. were made defendants, and they in a cross-petition asked the establishment of a similar lien, as also did Drake & Dayton, who intervened in the action.

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Appeal from Des Moines Gwcwit Court. Action to establish and enforce a mechanic’s lien. Frank Milliard & Co. were made defendants, and they in a cross-petition asked the establishment of a similar lien, as also did Drake & Dayton, who intervened in the action. The appellant pleaded she contracted with one Hood in writing for the erection of the buildings, and that by the. terms of the contract he was to furnish all the materials, and fully complete the same; that she without notice of the claimed liens had settled with and fully paid Hood the contract price, in accordance with the contract.…

1Opinion of the CourtSeevers, J.

i mechahtc’s subcontract-' ors' The material evidence as to all the claimed liens is substantially the same. As to the intervenor the following facts were agreed upon: “1. That Drake ^ Dayton furnished the materials to A. Hood, contractor of Virginia Hudson, in the sum and at the time stated in these pleadings, for the construction of the two dwelling houses as stated.

“ 2. That said Drake & Dayton, subcontractors, filed their claim for a mechanic’s lien on the 19th day of December, 1877, within the thirty days from the furnishing of said materials, and caused a written notice within said time…

2Cases cited2 opinions

  1. Stewart v. WrightSupreme Court of Iowa · 1879
  2. Lounsbury v. Iowa, Minnesota & North Pacific R. Co.Supreme Court of Iowa · 1878

3Cited by12 opinions

  1. Andrews & Smith v. Burdick & GobleSupreme Court of Iowa · 1883
  2. Jones & Magee Lumber Co. v. MurphySupreme Court of Iowa · 1884
  3. Epeneter v. Montgomery CountySupreme Court of Iowa · 1896
  4. Gilchrist v. AndersonSupreme Court of Iowa · 1882
  5. Iowa Stone Co. v. CrissmanSupreme Court of Iowa · 1900

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