Vaughn v. Smith & Co.
Supreme Court of Iowa
Appeal from Taylor District Court. The defendants C. H. Smith & Co. were the contractors for the building of the entire line of the Leon. Mt. Ayr & S. W. E. E. McPherson and Neely were sub-contractors under C. H. Smith & Co., and had a contract for the grading of-five miles of the road. George B. Vaughn was a sub-contractor under McPherson and Neely for the grading of about one mile of the road.
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Appeal from Taylor District Court. The defendants C. H. Smith & Co. were the contractors for the building of the entire line of the Leon. Mt. Ayr & S. W. E. E. McPherson and Neely were sub-contractors under C. H. Smith & Co., and had a contract for the grading of-five miles of the road. George B. Vaughn was a sub-contractor under McPherson and Neely for the grading of about one mile of the road. After completing his work under his contract there was a balance due Vaughn remaining unpaid. He commenced an action against the O. B. & Q. E. E. Co. McPherson and Neely and O. H. Smith & Co., to…
1Opinion of the CourtEothrock, J.
1. RAILROADS: mechanics lien change of venue. I. Counsel for appellant contend that th¿ court erred in overruling the motion to change the venue of the action to Henry County. Section 2583 of the, ls as follows: “An action may be brought against any corporation, company or person, engaged in the construction of a railway, telegraph line or canal, or any part thereof, or for damages in any manner growing out of the work thereon, in any county where such contract was made or performed in whole or in part, or where the work was done out of which arose the damages claimed.”
It is said that as the…
2Cited by10 opinions
- Bremhorst v. Phillips Coal Co.Supreme Court of Iowa · 1927
- Devoe v. AtkinsonSupreme Court of Iowa · 1901
- McMinimee v. McMinimeeSupreme Court of Iowa · 1947
- Kohl v. FrederickSupreme Court of Iowa · 1902
- Ingram v. WackernagelSupreme Court of Iowa · 1891
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