Eyser v. Weissgerber
Supreme Court of Iowa
Appeal from the Scott District Court. The plaintiff seeks to recover for materials furnished, and work and labor performed, on a house for defendant, and asks a mechanics’ lien. The petition, as amended, contains two counts.
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Appeal from the Scott District Court. The plaintiff seeks to recover for materials furnished, and work and labor performed, on a house for defendant, and asks a mechanics’ lien. The petition, as amended, contains two counts. The first states, that in March, 1854, the parties entered into a contract, by which, plaintiff undertook to furnish materials, and perform work and labor, for a building to be erected on certain real estate, described in the petition, and alleged to be owned by the defendant, “ agreeable to a certain account or statement in writing,” a copy of which is attached to the…
1Opinion of the Court
Weight, 0. J.
To reverse this judgment, defendant relies in his assignment of errors, upon sixteen different grounds, the most material of which we proceed to notice; and we may say at once, that we think a large portion of the instructions are entirely inapplicable to the case. Such we have examined carefully, and while we thus regard them foreign, yet we are unable to see that the jury could reasonably have been misled thereby, and it therefore, will be unnecessary to further refer to them. Of this character, is all that is said in the instructions in chief, as to the law where there have…
2Cases cited1 opinion
- Persons v. McKibbenIndiana Supreme Court · 1854
3Cited by16 opinions
- Maasdam v. Estate of MaasdamSupreme Court of Iowa · 1946
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
- Matherly v. HansonSupreme Court of Iowa · 1984
- Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
- McClay v. HedgeSupreme Court of Iowa · 1864
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