McGillivary Bros. v. Case
Supreme Court of Iowa
Appeal from Mitchell, District Court. — Hon. John O. Si-ierwin, Judge. Judgment for three hundred and fourteen dollars and seventy-seven cents and decree foreclosing mechanic’s lien were entered against defendant Banwell for materials used in the construction of a creamery building. Issue was joined on the answer of the defendant Case, and, on hearing, In’s mortgage declared senior to the mechanic’s lien of plaintiff. The latter appeals.
1Opinion of the CourtLadd, J.
1 I. The abstract of the appellant does not contain any statement to the effect that it is a full and correct abstract of the record, or that it contains all the evidence- introduced or offered, — that received as well as that rejected. This point is not made by appellee in an additional abstract, or by denial, but is suggested in argument, and he insists that much of the evidence is omitted, and, because of there being no certificate, the case cannot be heard de novo. That such a statement or certificate was essential prior to the time the Code went into effect, — October 1, 1897, — in order…
2Cases cited14 opinions
- Rankin v. MillerSupreme Court of Iowa · 1876
- Anglo-American Land, Mortgage & Agency Co. v. BushSupreme Court of Iowa · 1892
- Norman v. HornMissouri Court of Appeals · 1889
- Lamb v. HannemanSupreme Court of Iowa · 1874
- Wetmore v. MarshSupreme Court of Iowa · 1891
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3Cited by17 opinions
- Hensley v. Davidson Bros.Supreme Court of Iowa · 1907
- Kirchman v. Standard Coal Co.Supreme Court of Iowa · 1901
- Bonnot Co. v. Newman Bros.Supreme Court of Iowa · 1899
- Shebeck v. National Cracker Co.Supreme Court of Iowa · 1903
- State ex rel. Brown v. BeatonSupreme Court of Iowa · 1920
12 more not listed; retrieve them via the Exa API.