Kirchman v. Standard Coal Co.
Supreme Court of Iowa
Appeal from Appanoose District Court. — I-Ion. M. A. Eo.berts, Judge This is an action to foreclose a mechanic’s lien for labor and materials upon certain mining property owned by the Standard Coal Company at the time the contract for the labor and materials was made, bnt now belonging to defendant Bradley.
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Appeal from Appanoose District Court. — I-Ion. M. A. Eo.berts, Judge This is an action to foreclose a mechanic’s lien for labor and materials upon certain mining property owned by the Standard Coal Company at the time the contract for the labor and materials was made, bnt now belonging to defendant Bradley. Bradley resists the enforcement of the lien, alleging: First, that the claim on which it is based has been paid; and, second, that plaintiff is estopped, as against him, by certain statements, made to him before he bought the property, that the claim had been satisfied. The court rendered…
1Opinion of the CourtMcClain, J.
1 *6722 *670Appellee insists that this case is not triable de novo, because it does not appear that appellant has. presented in his abstract all the evidence offered in the trial of tire case in the lower court, nor that the evidence-was preserved and certified as required in equity' cases. Prior to the adoption of the present Code, the-want of such affirmative statements in the abstract would, no doubt, have been a sufficient ground for refusing to try the case anew; but it is now provided by Code, section 4118 (embodied in rule 22 of this court), that the abstract “shall be-presumed to contain the…
2Cases cited14 opinions
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Blair v. . WaitNew York Court of Appeals · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Alston v. AlstonSupreme Court of Iowa · 1901
- Helwig v. FogelsongSupreme Court of Iowa · 1914
- Molera v. CooperCalifornia Supreme Court · 1916
- Shebeck v. National Cracker Co.Supreme Court of Iowa · 1903
- Benton v. Morningside CollegeSupreme Court of Iowa · 1926
14 more not listed; retrieve them via the Exa API.