Vreeland v. Ellsworth
| Decision Date | 14 March 1887 |
| Parties | VREELAND v. ELLSWORTH. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Dickinson county.
This is an action in equity to establish and enforce a mechanic's lien. There was a judgment and decree for the plaintiff. Defendant appeals.J. W. Cory, for appellant.
Rice & Gridley, for appellee.
1. The amount claimed by plaintiff is less than $100, and the appeal comes to us upon the following certificate of the trial judge:
“(1) Upon the trial of this case the evidence shows that the defendant, E. S. Ellsworth, employed his co-defendant, E. G. Hammond, to do certain mason work upon the house named in the plaintiff's petition, and that under this agreement he was to pay the contractor as the work progressed; that the contractor, Hammond, employed the plaintiff, L. W. Vreeland, L. J. Vreeland, and Abraham Hartman, as subcontractors, to perform certain portions of the work. These subcontractors commenced their work on the sixth day of August, 1883, and continued to the eleventh of the same month, on which day they completed their work. The defendant, Ellsworth, saw these subcontractors performing work upon this job during the time that they were performing the same, but had no other knowledge that the contractor, Hammond, was owing them anything for the work than what would be inferred from his knowledge of their doing the work. That on the day on which the work was completed by the subcontractors there was a settlement between Hammond and Ellsworth, and at that time the defendant, Ellsworth, paid the contractor for all the work that had been done up to that date, but withheldthe sum of ten dollars, which was still required to complete the job. At the time of this settlement and payment to Hammond there was enough money in Ellsworth's possession due upon the contract to pay the several claims of the subcontractors. On the fourteenth day of August, A. D. 1883, these subcontractors personally notified Ellsworth of their claims, and afterwards Ellsworth procured another party to complete the contract of Hammond, and paid him therefor. Statements and affidavits for the mechanic's liens were filed by the several subcontractors in the clerk's office on the thirty-first day of August, A. D. 1883.
(2) Can a subcontractor obtain a decree foreclosing a mechanic's lien against land and buildings before such subcontractor obtain a judgment against the original contractor for claims against the contractor for work upon said land and buildings, and in a suit where said original contractor is a party, but no notice of suit served upon him, and no appearance made by him? Upon the foregoing statements of facts, is the defendant, Ellsworth, liable to the subcontractors in this case?”
Several questions are argued by counsel which do not arise upon the above certificate. This court has no jurisdiction to determine any questions excepting those propounded by the trial court.
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Eberle v. Drennan
...of the lien.' This conclusion is well sustained by authority. See Phillips on Mech. Liens, sec. 397; Vreeland v. Ellsworth et al., 71 Iowa 347 [32 N.W. 374]; Kerns v. Flynn, 51 Mich. 573 [17 N.W. 62]; Sinnickson v. Lynch, 25 N.J.L. 317; Pennoyer v. Neff, 95 U.S. 714 [24 L. Ed. 565]. The con......
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Eberle v. Drennan
... ... decree for the foreclosure of the lien.' This conclusion ... is well sustained by authority. See Phillips on Mech. Liens, ... § 397; Vreeland v. Ellsworth et al., 71 Iowa, 347 ... [[32 N.W. 374]; Kern v. Flynn, 51 Mich. 573 [17 N.W ... 62]; Sinnickson v. Lynch, 25 N. J. Law, 317; ... ...
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Fellows v. Errington
...plaintiff submitted to that decree against him at his own peril. In support of this proposition reliance is had upon Vreeland v. Ellsworth, 71 Iowa, 347, 32 N. W. 374. It may be conceded that the cited case was properly decided, but it does not follow that it establishes a rule of invariabl......
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Fellows v. Errington
...plaintiff submitted to that decree against him at his own peril. In support of this proposition, reliance is had upon Vreeland v. Ellsworth, 71 Iowa 347, 32 N.W. 374. may be conceded that the cited case was properly decided, but it does not follow that it establishes a rule of invariable ap......