Legal Opinion

Loring & Co. v. Small

Supreme Court of Iowa

Decided December 13, 1878PublishedCited by 19 opinions

Appeal from Plymouth Circuit Court. The petition and amended petition of the plaintiffs, George B. Loring & Co., in substance allege that about August 8, 1877, they made a parol contract with defendants Isaac Small ■and Frank C. Tubbs' to furnish them bridge lumber for use in the construction of seven bridges, which the defendants Small & Tubbs had contracted to build for Plymouth county, Iowa, at the agreed price of one thousand two hundred and fifty ■dollars, and which…

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Appeal from Plymouth Circuit Court. The petition and amended petition of the plaintiffs, George B. Loring & Co., in substance allege that about August 8, 1877, they made a parol contract with defendants Isaac Small ■and Frank C. Tubbs' to furnish them bridge lumber for use in the construction of seven bridges, which the defendants Small & Tubbs had contracted to build for Plymouth county, Iowa, at the agreed price of one thousand two hundred and fifty ■dollars, and which were built in July, August and September, 1877, and duly accepted by the proper officers of said county about the 27th of…

1Opinion of the CourtDay, J.

i. .MECHAjsric’s lien: "bridges: practice. The mode of enforcing a mechanic’s lien is by suit in the District or Circuit Court, and execution for the sale of the property upon which the lien is established. Code, §§ 2140, 2141 and 2142. The Code contains the . . following provisions: Section 3048. Public buildings owned by the state, or any county, city, school district, or other municipal corporation, or any other public property *274which is necessary and proper for carrying out the general purpose for which such corporation is organized, are exempt from execution. * * * * 3049. If no property…

2Cases cited2 opinions

  1. Board of Education v. NeidenbergerIllinois Supreme Court · 1875
  2. Wilson v. Commissioners of Huntingdon CountySupreme Court of Pennsylvania · 1844

3Cited by19 opinions

  1. Knapp v. SwaneyMichigan Supreme Court · 1885
  2. Hutchinson v. KruegerSupreme Court of Oklahoma · 1912
  3. Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1909
  4. Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
  5. Bank of Idaho v. Malheur Co.Oregon Supreme Court · 1896

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