Edwards v. McCaddon
Supreme Court of Iowa
Appeal from Johnson District Gourt. Action to enforce mechanic’s lien. The contract for the work was made in August, 1859, and the work wa3 • then commenced.
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Appeal from Johnson District Gourt. Action to enforce mechanic’s lien. The contract for the work was made in August, 1859, and the work wa3 • then commenced. It was completed, as claimed, December 9,1862. The account, description and claim for mechanic’s lien was duly made, verified and filed, March 6, 1863. This suit was brought, May 9, 1864. The defendant, ■McCaddon, for whom the work was done, entered the United States military service on September 1, 1862, and was discharged in October, 1863. The defendant, Denton, purchased and paid for the real estate, on which the house was built and…
1Opinion of the CourtCole, J.
i. mechanstatuteo?* limitations: soldier. It was necessary for the plaintiff, in order to secure his meehanic’s lien, to file his account for the work, materials, &c., with a description of the property to be charged with the lien, duly verified, within . ° i j j ninety days after the work was completed. Revision, § 1851. This was done. It was also necessary in order to preserve and perfect the lien, that suit should be commenced on such claim, within nine months from filing the account, and prosecuted without any unnecessary delay to final judgment. Revision, § 1865. This was not done; the…
2Cases cited1 opinion
- Fromme v. JonesSupreme Court of Iowa · 1862
3Cited by11 opinions
- Newgirg v. BlackSupreme Court of Iowa · 1916
- Antrim v. Civil Service Com'n of City of Des MoinesSupreme Court of Iowa · 1967
- Ellsworth v. Chicago & Iowa Western Railway Co.Supreme Court of Iowa · 1894
- Reinertson v. StruthersSupreme Court of Iowa · 1926
- Wilson v. StippSupreme Court of Iowa · 1922
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