Charnock v. District Township of Colfax
Supreme Court of Iowa
Appe'al from Grundy Circuit Court. The plaintiff, in his original petition, claimed of defendant Biglow one hundred and fourteen dollars on an account for lumber furnished to said Biglow to build a school-house in one of the sub-districts of said district township of Colfax. He also claimed a mechanic’s lien upon said school-house for said lumber.
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Appe'al from Grundy Circuit Court. The plaintiff, in his original petition, claimed of defendant Biglow one hundred and fourteen dollars on an account for lumber furnished to said Biglow to build a school-house in one of the sub-districts of said district township of Colfax. He also claimed a mechanic’s lien upon said school-house for said lumber. The defendant, the District Township of Colfax, answered that it contracted with Biglow to build the school-house, and had accepted said house and paid Biglow in full, and that the house was exempt from execution Thereupon the plaintiff filed an…
1Opinion of the CourtRothrock, J.
1. MisoHAmc’s lien: schoolhouse. — I. In Loring & Co. v. Small et al., 50 Iowa, 271, it was held that public bridges of a county cannot be made liable to a mechanic’s lien under the statutes of this state. The ground of the opinion in that ease is that the bridges are exempt from execution. For the same reason a mechanic’s lien cannot be established against a school-house.
2. —; attachment i wrong-mi release. II. In our opinion the district township is not liable for the value of the lumber, because the sheriff released the levy of the attachment and permitted Biglow to pro-x <-» i ceed with…
2Cases cited1 opinion
- Loring & Co. v. SmallSupreme Court of Iowa · 1878
3Cited by11 opinions
- Baker & Co. v. BryanSupreme Court of Iowa · 1884
- Green Bay Lumber Co. v. Independent School DistrictSupreme Court of Iowa · 1903
- Lessard v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1898
- Morganton Hardware Co. v. Morganton Graded SchoolsSupreme Court of North Carolina · 1909
- Board of Commissioners v. O'ConnerIndiana Supreme Court · 1882
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