Kilbourne v. Jennings & Co.
Supreme Court of Iowa
Appeal from Pottawattamie Oirouit Goivrt. This is an action to enforce a mechanic’s lien. The plaintiffs are lumber dealers and furnished lumber to the defend,ants. Jennings & Co., for the erection of two houses by them, under a contract with the defendant, Thomas Woods, upon lots five and six in block twenty in Curtis & Ramsey’s addition to Council Bluffs. The lien ¿is asked to be enforcéd against the lots, which are the property of the defendant, Woods.
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Appeal from Pottawattamie Oirouit Goivrt. This is an action to enforce a mechanic’s lien. The plaintiffs are lumber dealers and furnished lumber to the defend,ants. Jennings & Co., for the erection of two houses by them, under a contract with the defendant, Thomas Woods, upon lots five and six in block twenty in Curtis & Ramsey’s addition to Council Bluffs. The lien ¿is asked to be enforcéd against the lots, which are the property of the defendant, Woods. The plaintiff avers the furnishing of the materials to the contractors, Jennings & Co, and the notice to defendant Woods, on July 19, 1869,…
1Opinion of the CourtCole, J.
I. Upon calling the cause for trial, the defend ant, Woods, moved for a separate trial of the issues between 1. trial: sop-ciaf discre--ti°n. Urn and the contractors, Jennings & Co., because Us liability to plaintiffs is limited to and meas-ured solely by his liability to the contractors. This motion was overruled, and, upon this, the first error is assigned. In his answer the defendant, Woods, "denied the claim of plaintiffs against the contractors; so that the settling of the issues between the defendant, Woods, and the contractors would not dispose of the entire case. But in any case the…
2Cases cited2 opinions
- Smith & Nelson v. BristolSupreme Court of Iowa · 1871
- Mitchell v. Wiscotta Land Co.Supreme Court of Iowa · 1856
3Cited by15 opinions
- First National Bank v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1902
- Lee v. Coon Rapids National BankSupreme Court of Iowa · 1913
- Seaside, City of v. RandlesOregon Supreme Court · 1919
- Harris v. SaundersWashington Supreme Court · 1919
- Bank of Orland v. FinnellCalifornia Supreme Court · 1901
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