Lamb v. First Presbyterian Society
Supreme Court of Iowa
Appeal from Marshall District Court. This action is brought to establish a claim for lumber furnished, and to enforce a mechanic’s lien therefor. The firm of J. Killian & Company were made defendants, as contractors; and on default, judgment was rendered against them in the District Court.
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Appeal from Marshall District Court. This action is brought to establish a claim for lumber furnished, and to enforce a mechanic’s lien therefor. The firm of J. Killian & Company were made defendants, as contractors; and on default, judgment was rendered against them in the District Court. There was a trial by jury as to the issues made by the defendants, the First Presbyterian Society of Marshalltown, which resulted in a general verdict and judgment for defendant, from which the plaintiff appeals. The further necessary facts will be found stated in the opinion.
1Opinion of the CourtCole, J.
At the request of the plaintiff’s counsel, before the jury retired to consider of their verdict, the court required them to find, in addition to their general verdict, upon the following particular questions, to which they returned the answers following each question, to wit: 1. State whether or not there was a bill of sale executed by Jacob Killian & Company to the defendant, the Presbyterian Society; and if so, what was the consideration thereof, and for what object or purpose was the same given?
*128Answer. There was a bill of sale executed by J. Killian & Company to the defendant, the…
2Cases cited2 opinions
- Davenport Savings Fund & Loan Ass'n v. North American Fire InsuranceSupreme Court of Iowa · 1864
- Sisson v. . BarrettNew York Court of Appeals · 1849
3Cited by6 opinions
- Schulte v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1901
- Conners v. Burlington C. R. & N. R'y Co.Supreme Court of Iowa · 1887
- Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
- Kerr v. Keokuk Waterworks Co.Supreme Court of Iowa · 1895
- Hardin v. BrannerSupreme Court of Iowa · 1868
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