Jordan v. Kavanaugh
Supreme Court of Iowa
Appeal from Boone Ci/rcuit Oov/rt. The defendant, Marcus Kavanaugh, Jr., entered into a contract in writing with, the Narrow Gauge Railway Construction Company, for the construction of a section of railroad between the Des Moines River and Boone, Boone County, Iowa.
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Appeal from Boone Ci/rcuit Oov/rt. The defendant, Marcus Kavanaugh, Jr., entered into a contract in writing with, the Narrow Gauge Railway Construction Company, for the construction of a section of railroad between the Des Moines River and Boone, Boone County, Iowa. He agreed to construct and finish the work in a substantial and workmanlike manner, and to finish the same by October 1, 1881. He also agreed to pay all just claims against him, or against any sub-contractor under him, for services or labor performed or material furnished in the work under the contract, and to pay all bills for…
1Opinion of the CourtReed, J.
1. Venue: removal of cause to county of residence; pleading: practice. I. Section 2583 of the Code provides that an action may be brought on a contract relating to the construction of a railway, or for labor performed thereunder, in any county where the contract was . , . made or performed m whole or m part, or where A A ’ the work was performed. When the motion to transfer the case to Polk county was submitted and disposed of, the pleadings contained no allegation that the contract had been performed, or the work done, in Boone county, but plaintiff" was allowed to establish these facts by…
2Cases cited1 opinion
- Wilcox v. McCuneSupreme Court of Iowa · 1866
3Cited by53 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- National Bank of Cleburne v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1902
- Parker v. JefferyOregon Supreme Court · 1894
- Baker & Co. v. BryanSupreme Court of Iowa · 1884
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
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