Othmer Bros. v. Clieton & Bishop
Supreme Court of Iowa
Appeal from Keohide, Circuit Court. Action to establish a mechanic’s lien. The plaintiffs’ show by tlieir petition, tliat, under a contract with the defendants Clifton & Bishop, they furnished material and performed labor in painting a church building, which they aver belonged to the White Oak U. P. Church. By “U. P. Church” we presume that they mean “United Presbyterian Church,” as we find it so designated in some of the documents attached as exhibits.
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Appeal from Keohide, Circuit Court. Action to establish a mechanic’s lien. The plaintiffs’ show by tlieir petition, tliat, under a contract with the defendants Clifton & Bishop, they furnished material and performed labor in painting a church building, which they aver belonged to the White Oak U. P. Church. By “U. P. Church” we presume that they mean “United Presbyterian Church,” as we find it so designated in some of the documents attached as exhibits. Clifton & Bishop made no defense. The United Presbyterian Church appeared and answered. A decree ivas rendered against Clifton & Bishop, as…
1Opinion of the Court
Adams, Oh. J.
The plaintiffs seek to establish a lien as sub-contractors under Clifton & Bishop. The defendant, the United Presbyterian Church, denies that the plaintiffs are entitled to a lien, for the reason, as it alleges, that the plaintiffs filed no such statement or account as the statute requires. It is not denied that a statement was filed, but it is contended that it does not show when the material was furnished or the labor performed. That it is necessary that it should so show was held in Valentine v. Rawson, 57 Iowa, 179. The plaintiffs, however, contend that it does so show, and…
2Cases cited2 opinions
- Gilchrist v. AndersonSupreme Court of Iowa · 1882
- Valentine v. RawsonSupreme Court of Iowa · 1881
3Cited by10 opinions
- Chicago Lumber Co. v. WoodsideSupreme Court of Iowa · 1887
- Epeneter v. Montgomery CountySupreme Court of Iowa · 1896
- Simonson Bros. Manufacturing Co. v. Citizens State Bank of GoldfieldSupreme Court of Iowa · 1898
- Iowa Stone Co. v. CrissmanSupreme Court of Iowa · 1900
- Nancolas & Howard v. HitafferSupreme Court of Iowa · 1907
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