Novelty Iron Works v. Capital City Oatmeal Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Action in equity to enforce a mechanic’s lien for material, machinery, and labor furnished for the completion of an oatmeal mill. The defendant answered, denying that the plaintiff! filed with the clerk of the court a statement of its claim, as required by law, and •alleging, by way of counterclaim, a failure to complete the mill within the time and in the manner required by the contract, and asking damages.
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Appeal from Polk District Court. — Hon. C. P. Holmes, Judge. Action in equity to enforce a mechanic’s lien for material, machinery, and labor furnished for the completion of an oatmeal mill. The defendant answered, denying that the plaintiff! filed with the clerk of the court a statement of its claim, as required by law, and •alleging, by way of counterclaim, a failure to complete the mill within the time and in the manner required by the contract, and asking damages. The plaintiff, in reply, denied the counterclaim. Decree was entered in favor of the plaintiff. The defendant appeals.
1Opinion of the CourtGiven, J.
1. appeal:record: e°faSce?ar:sr I. The appellee filed an additional abstract and a denial of the appellant’s abstract, whereby it appears that the mechanic’s lien and contract set out in the petition, .and admitted in the answer, were offered in evidence; also a statement from the defendant to the plaintiff of the damages claimed, and that these documents were not filed and left with the clerk as evidence in the case. For this reason the appellee moved to dismiss the appeal, and to affirm the judgment below. The appellant moves to .strike this additional abstract because not filed in time.…
2Cases cited3 opinions
- Brownell & Co. v. ChapmanSupreme Court of Iowa · 1892
- Jamison v. WeaverSupreme Court of Iowa · 1893
- Valentine v. RawsonSupreme Court of Iowa · 1881
3Cited by11 opinions
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
- Hichhorn, Mack & Co. v. BradleySupreme Court of Iowa · 1902
- Connersville Wagon Co. v. McFarlan Carriage Co.Indiana Supreme Court · 1905
- Paola Gas Co. v. Paola Glass Co.Supreme Court of Kansas · 1896
- Farmers' & Merchants' Bank v. StockdaleSupreme Court of Iowa · 1903
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