County of Des Moines v. Hinkley & Norris
Supreme Court of Iowa
Appeal from Des Moines Oireuib Gourt. In April, 1819, Hinkley and Norris contracted with Des Moines county to erect a court bouse for the sum of $86, 200.00. In October, 1879, they gave to the National State Bank an order on the county for ail money due them on the contract. The county had knowledge of this order, and the same was filed in the office of the county auditor. Under it the bank drew all the money due under the contract, except the final estimate.
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Appeal from Des Moines Oireuib Gourt. In April, 1819, Hinkley and Norris contracted with Des Moines county to erect a court bouse for the sum of $86, 200.00. In October, 1879, they gave to the National State Bank an order on the county for ail money due them on the contract. The county had knowledge of this order, and the same was filed in the office of the county auditor. Under it the bank drew all the money due under the contract, except the final estimate. The court house was nearly completed in December, 1881, and early in that, month it was ascertained that Hinkley & Norris were indebted…
1Opinion of the Court
Seevers, J.-
I. During the progress of the trial, and on the eighteenth day of January, 1882, an interlocutory decree was entered, in which it is stated that the court “finds that there is due from the county of Des Moines upon the contract with Hinkley & Norris $7,546.00, and no more,” and it was ordered that the county pay said sum to the clerk; and, when this was done, that the said “county of Des Moines be dismissed out of court with its costs.”
The money above found due was paid to the clerk, and, as there was no exception taken by any of the parties to the interlocutory decree, the county…
2Cases cited2 opinions
- Moore v. LowreySupreme Court of Iowa · 1868
- Jenks v. Osceola TownshipSupreme Court of Iowa · 1877
3Cited by15 opinions
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Sutton v. WeberSupreme Court of Iowa · 1904
- Fischer v. KlinkSupreme Court of Iowa · 1944
- Sykes v. First National BankSouth Dakota Supreme Court · 1891
- Price v. ElmbankDistrict Court, N.D. California · 1896
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