Burch v. Davenport & St. Paul R.
Supreme Court of Iowa
Appeal from Fayette Circuit Court. These suits were brought by the plaintiffs to enforce a mechanic’s lien against the Davenport & St. Paul Railroad Co., for work done and materials furnished in constructing the road of said defendant. The railroad company had made a mortgage upon its property and William Dennison and John E. Thompson were the trustees named in said mortgage. Said trustees were made parties defendant.
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Appeal from Fayette Circuit Court. These suits were brought by the plaintiffs to enforce a mechanic’s lien against the Davenport & St. Paul Railroad Co., for work done and materials furnished in constructing the road of said defendant. The railroad company had made a mortgage upon its property and William Dennison and John E. Thompson were the trustees named in said mortgage. Said trustees were made parties defendant. Service of the original notice was made upon them by publication. On the 27th day of October, 1874, a decree was rendered against the railroad company which found the amounts…
1Opinion of the CourtRothrock, J.
I. A separate consideration of these cases is not necessary because the questions presented, as will be seen from the foregoing statement, are identical. It may be proper to remark that in one of the cases it is assigned for error that the court, upon the motion of appellees, struck the answer of William Dennison from the files of the court. Upon examination we find that the appellants’ abstract fails to show any ruling upon the motion. In the absence of such showing we cannot presume that such ruling was made.
II. It is claimed by appellants that they were entitled to the removal of the…
2Cited by5 opinions
- Stafford v. TwitchellSupreme Court of Louisiana · 1881
- Greene v. KlingerUnited States Circuit Court · 1882
- White Adm'r v. HoltWest Virginia Supreme Court · 1883
- Stanbrough v. GriffinSupreme Court of Iowa · 1879
- Darcy v. Great American Industries, Inc.Connecticut Superior Court · 1944