Brown v. Smith
Supreme Court of Iowa
Appeal from Ringgold District Court. The petition states one Booth did certain work and labor for Hilleker & Co., on a line of railroad then being constructed by the Leon, Mt. Ayr & Southwestern Railroad Company, and for the labor performed a time-check was given Booth showing the amount due; that O. H. Smith & Co. were the principal contractors, and they sublet to Neely & McPherson, who sublet to Hilleker & Co. A mechanic’s lien was asked on the railroad.
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Appeal from Ringgold District Court. The petition states one Booth did certain work and labor for Hilleker & Co., on a line of railroad then being constructed by the Leon, Mt. Ayr & Southwestern Railroad Company, and for the labor performed a time-check was given Booth showing the amount due; that O. H. Smith & Co. were the principal contractors, and they sublet to Neely & McPherson, who sublet to Hilleker & Co. A mechanic’s lien was asked on the railroad. The company demurred to the petition on the ground, in substance, that a mere right to a lien was not assignable. The demurrer was…
1Opinion of the Court
Servers, J., 1. MECHANassignment oL — It was not averred in the petition that Booth ever filed the statement or gave the notice required by law to entitle him to a lien. But it is averred the plain- # > 1 ^ Tid so- The time-check upon which the right to a lien is based was assigned to the plaintiff'. The question, therefore, is whether the assignment of the debt carries with it the lien, or vests in the assignee the right, by complying with the statute, to a lien. This question was determined in the negative in The First National Bank v. Day, 52 Iowa, 680.
It is, however, insisted that since…
2Cases cited2 opinions
- Merchant v. Ottumwa Water Power Co.Supreme Court of Iowa · 1880
- First National Bank v. Day Bros.Supreme Court of Iowa · 1879
3Cited by10 opinions
- German Bank v. SchlothSupreme Court of Iowa · 1882
- Mills v. La Verne Land Co.California Supreme Court · 1893
- Riggs v. GardikasNew Mexico Supreme Court · 1967
- Fleming v. GreenerIndiana Supreme Court · 1909
- Peatman v. Centerville Light, Heat & Power Co.Supreme Court of Iowa · 1898
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