Utter v. Crane
Supreme Court of Iowa
Appeal from, Fa/yette Circuit Court. Saturday, December 13. Action at law. The petition states that plaintiff performed work and labor under a contract with Crane & Keenan, who are sub-contractors under Burch, Lakin & Co., contractors under the D. & St. P. R. Co., and that Crane & Keenan gave him a statement in writing, showing an amount due him for such labor and directing Burch, Lakin & Co. to pay the same.
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Appeal from, Fa/yette Circuit Court. Saturday, December 13. Action at law. The petition states that plaintiff performed work and labor under a contract with Crane & Keenan, who are sub-contractors under Burch, Lakin & Co., contractors under the D. & St. P. R. Co., and that Crane & Keenan gave him a statement in writing, showing an amount due him for such labor and directing Burch, Lakin & Co. to pay the same. That upon payment being refused by Burch, Lakin & Co., plaintiff filed a statement in the clerk’^ office of Payette county, claiming a lien upon the D. & St. P. Railroad, located in said…
1Opinion of the Court
Beck, Ch. J.
In our opinion, the demurrer was properly overruled.
Revision, § 1817, provides that a sub-contractor may enforce a lien upon the property on which he has been employed to labor <5r. for which he supplied materials, by giving a notice at the time, to the owner,' of his intention to labor or furnish materials, and after indebtedness is incurred, upon presenting a statement thereof, signed by the party with whom he con*633traeted, to the owner, and filing within thirty days a statement of his claim in the clerk’s office, etc. Chap. 12, acts 12th Gen. Ass. (Code, § 2132), provides that…
2Cited by7 opinions
- Beach v. WakefieldSupreme Court of Iowa · 1898
- Forsberg v. Koss Construction Co.Supreme Court of Iowa · 1934
- Adams v. Grand Island & W. C. R.South Dakota Supreme Court · 1897
- Delaware, Lackawanna & Western Railroad v. Oxford Iron Co.New Jersey Court of Chancery · 1880
- Congdon & Henry Hardware Co. v. Grand Island & W. C. R.South Dakota Supreme Court · 1901
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