Coenen & Mentzer v. Staub
Supreme Court of Iowa
Appeal from Shelby District Court. — IIon A. B. Tiiornell, Judge. Action on account for building materials and for the foreclosure of a mechanic’s lien. The materials were furnished under a contract between plaintiffs and defendant Mary Staub, and were used in the construction of a sidewalk on the street in front of a lot owned by her in the town of Harlan. Defendant Lewis Gingery is a subsequent.purchaser of the lot.
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Appeal from Shelby District Court. — IIon A. B. Tiiornell, Judge. Action on account for building materials and for the foreclosure of a mechanic’s lien. The materials were furnished under a contract between plaintiffs and defendant Mary Staub, and were used in the construction of a sidewalk on the street in front of a lot owned by her in the town of Harlan. Defendant Lewis Gingery is a subsequent.purchaser of the lot. The district court gave plaintiffs judgment against defendant Mary Staub for the amount due on the account, but refused to establish the lien prayed for. Plaintiffs appeal.
1Opinion of the CourtReed, J.
Plaintiffs seek to enforce a lien for the materials against the lot in front of which the sidewalk was constructed, and the only question in the case is whether they are entitled to that remedy. The statute under which the remedy is claimed (Code, sec. 2130) is as follows: “Every mechanic or other person who shall cLo any labor upon, or furnish any material, machinery, or fixtures for, any building, erection, or other improvement upon land, including those engaged in the construction or repair of any work of internal improvement, by virtue of any contract with the owner, his agent, trustee,…
2Cited by6 opinions
- Seeman v. SchultzeSupreme Court of Georgia · 1897
- Lewis v. Roach Manigan Paving Co.Court of Appeals of Texas · 1916
- Bradwood Realty, Inc. v. Transit Paving, Inc.New York Supreme Court · 1964
- Leiper v. MinnigSupreme Court of Arkansas · 1905
- Shelby Contracting Co. v. PizitzSupreme Court of Alabama · 1970
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