Frost v. Clark
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. Action, to recover two hundred and three dollars and sixty cents on a stated or settled account against the defendant, Albert E. Clark, and to establish a mechanic’s lien against all of the defendants. The district court entered judgment against the defendant Clark for the amount claimed, but denied the mechanic’s lien, and from its judgment both the plaintiff and the defendant Clark appeal.
1Opinion of the CourtGranger, J.
I. It appears that the statement for the mechanic’s lien was filed July 6, 1886. • Before that _ ' uenTfJreiime. tnai. there had been a conveyance of the premises ios- on which the mechanic’s lien is sought i0 foe established from the defendant Clark to the other defendants in the case, and before the trial the said Clark moved the court to transfer the *300case, as against Mm, to the law calendar for trial by jury, because at the commencement of the suit he had no interest whatever in the real estate, and the only issue as to him was one of fact. The court refused the motion, and rightly so. The…
2Cases cited5 opinions
- Kitteridge v. ChapmanSupreme Court of Iowa · 1873
- Ryman v. LynchSupreme Court of Iowa · 1889
- Attix, Noyes & Co. v. PelanSupreme Court of Iowa · 1857
- Dubuque Female College v. District TownshipSupreme Court of Iowa · 1862
- Sackett v. OsbornSupreme Court of Iowa · 1868
3Cited by16 opinions
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Eller v. NewellSupreme Court of Iowa · 1913
- Nunngesser v. HartSupreme Court of Iowa · 1904
- Backie v. Cromwell Consolidated School District No. 13Supreme Court of Minnesota · 1932
- Crissman v. McDuffSupreme Court of Iowa · 1901
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