Julien Gas Light Co. v. Hurley
Supreme Court of Iowa
Appeal from Dvhuque District Court. The Dubuque Gas Light and Coke Company was organized September 21,1854. In the same month, or about that time, Ross & Hoy made a contract with the company, and entered upon the performance of the same, to-wit: building • the gas works, laying pipe, &c.
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Appeal from Dvhuque District Court. The Dubuque Gas Light and Coke Company was organized September 21,1854. In the same month, or about that time, Ross & Hoy made a contract with the company, and entered upon the performance of the same, to-wit: building • the gas works, laying pipe, &c. At the February Term, 1858, of the Dubuque District Court, Ross, as the assignee of Ross & Hoy, commenced suit against the company, and in December, of the same year, recovered judgment with an •order for a mechanic’s lien. An execution issued on the judgment and in April, 1857, the property was sold to…
1Opinion of the CourtWright, J.
The answer denies explicitly that Ross & Hoy had the first contract, and the ex parte affidavits support rather than contradict this view. In the replication to the answer, it is admitted that Higginson and the said plaintiffs had notice of Hurley’s claim, as also that he claimed a *523mechanic’s lien, at the time of Higginson’s purchase, but that they were advised that it was subordinate to the lien and judgment under which they claim.
Held: That under the pleadings and affidavits (submitted, the court below did not err in dissolving the injunction.
That the court could well conclude that…
2Cited by2 opinions
- Shephard v. BrentonSupreme Court of Iowa · 1865
- Hobson v. Dempsey Construction Co.Supreme Court of Iowa · 1943