Legal Opinion

W. D. Jenkins Lumber Co. v. Cramer Bros.

Supreme Court of Iowa

Decided November 17, 1916PublishedCited by 9 opinions

Appeal, from Lirm District Oourt. — F. O. Ellison, Judge. Action in equity by John Palumbo to set aside a decree of foreclosure of a mechanics’ lien. Decree as prayed. This controversy, by stipulation,' reaches this court under the title which was carried in the foreclosure suit, in which Palumbo was a defendant. The opinion states the facts.—

1Opinion of the CourtGaynor, C. J.

— A judgment was regularly entered in favor of the plaintiff against the defendants Cramer Bros., and a decree establishing a lien against the property of the defendant John Palumbo for the amount of the judgment. The present action is to vacate and set aside the decree. We set out the pleadings herein in full, because the cause was submitted and determined upon the pleadings.

The original petition on which the judgment was obtained and the decree entered was filed June 6, 1914, and is, in substance, as follows:

Par. 1. W. D. Jenkins Lumber Co. is engaged in the ■ retail lumber and coal…

2Cases cited2 opinions

  1. Keehn v. KeehnSupreme Court of Iowa · 1902
  2. Wheelock v. HullSupreme Court of Iowa · 1904

3Cited by9 opinions

  1. In Re Estate of KinnanSupreme Court of Iowa · 1934
  2. Andrew v. BishopSupreme Judicial Court of Maine · 1934
  3. Morse v. MorseSupreme Court of Iowa · 1956
  4. Anderson v. Star-Bair Oil Co.Wyoming Supreme Court · 1926
  5. Harding v. QuinlanSupreme Court of Iowa · 1930

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