Heathcote v. Haskins & Co.
Supreme Court of Iowa
Appeal from Lúeas District Court. — Hon. Dell Stuart, Judge. In 1886 the defendants brought an action against the plaintiff and John and Thomas Heathcote for the enforcement of a mechanic’s lien. The defendants in that action were all duly served with the original notice. Thomas Heathcote being a minor, a guardian ad litem appointed by the court answered for him, denying the allegations of the petition.
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Appeal from Lúeas District Court. — Hon. Dell Stuart, Judge. In 1886 the defendants brought an action against the plaintiff and John and Thomas Heathcote for the enforcement of a mechanic’s lien. The defendants in that action were all duly served with the original notice. Thomas Heathcote being a minor, a guardian ad litem appointed by the court answered for him, denying the allegations of the petition. Neither John Heathcote nor this plaintiff made any appearance, and judgment was rendered against them by default. Within one year from the rendition of the judgment plaintiff filed his…
1Opinion of the CourtReed, J.
The question to be determined is whether the case is brought by the allegations of the petition within the provisions of section 3154 of the Code. The averments are that the debt sued for in the original petition was fully paid and discharged before that action was commenced ; that when the original notice was served on plaintiff, he commenced to investigate with reference to the claim asserted by defendants, but was unable to find the receipts given by them to him and his co-defendants in the action for the moneys paid by them on the claim, the same not then being, in his possession; that…
2Cases cited1 opinion
- Miller v. AlbaughSupreme Court of Iowa · 1867
3Cited by12 opinions
- Graves v. GravesSupreme Court of Iowa · 1906
- Electric Plaster Co. v. Blue Rapids City TownshipSupreme Court of Kansas · 1910
- Guth v. BellSupreme Court of Iowa · 1911
- McDougall v. WallingWashington Supreme Court · 1899
- Aschan v. McDermottSupreme Court of Iowa · 1914
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