Hawk-eye. [volume] (Burlington, Iowa) 1843-1845, 1844-01-25

IL. That il they found there was no
lien on the property, they must find
for the defendant. II there is no lien.
: verdict III favor of the plaintiff for his
demand cannot be given, so as to make
this personal action. instead of an
action for a lien against the property.
Judgment ter the Petition far lien.
DISTRICT Court, October Term, lS43.
Joseph LETTERS, vs.. Samuel Smiths
Admr. and Heirs &c.
This was petition fora Mechanics
Lien on the house and lot No. 73 in
Burlington. It appeared in evidence
) that Jeliers contracted with Smith TO do
certain plastering on his house, for
which Smith was 10 pay him $3.50 in
instaIlments; Sl75 was to be paid in
April 1912, and Sl75 in April ls43.
Smith employed LETTERS TO do addition
al plastering for him on the house.
about which there was no evidence of
any agreement as TO price or time Of
payment; but which amounted to the
sum Of Sll7,37, at the usual prices for
such work in Burlington. The work
was all finished in November 1912.
In May, 1913, Smith died. Smith
had paid Jefers 500 in the winter OF
1923. Suit was brought for lien
for the whole amount, Sept. ls43.
On the trial of the cause the follow.
ing points were decided:
|. The 500 may be applied as
credit to whichever installment the
petitioner prefers, that was due at the
time payment was made.
2. Where mechanic is to be paid
for his work and materials by install
ments, he must not wait until the last
one in due, and then bring his suit for q
lien on the property for The whole
He mnst bring his suit on each INSTALL
ment within the limited time, in order
to secure his lien on the property for
that installment, The limitation will
begin to run on each instalment from
the time it was to be paid.
8. Where there has been an agree.
ment between parties, to do certain
work for certain sum, if additional
work is done for which the mechanic
IS entitled to erfra pay, the first con-
tract between the parties will govern as
to the price to be paid for such ertra
work. if any price can be arrived at
from such original contract: and if not
the mechanic may recover for such ex.
ira work reasonable compensation.
;. 4. But where, in such original argu-
ment, the parties contract tina, the pay
ments are to be made on time in install
ments. the extra work performed by
the mechanic, as TO the time Of payment
for the same, is not to be governed by
such agreement, but is 10 be paid for
when the work is done, and the me-
chanic must sue for his lien within the
time limited by law, after the perform
ance of such extra work.
/ S. Where the work is done and the
payment is to be made previous to the
taking effect of the last Statute of Iowa
respecting Mechanics liens. approved
Feb. Is, l643, the petition for the lien
must be filed within the six months
prescribed by the old Statute; and the
law extending the limitation to twelve
months will not apply.
Judgment for petitioner for $lsl;56
and lien for the amount.
For the Hapk Eye.
MIR EDIToR:-Seelng an article in
your paper of last week, signed SUBJ
scriber, asking for information concern
ing the city Burial ground, in justice to
the subscriber and also TO myself. beg
leave to make some explanation.
There was about one hundred and
eighty dollars subscribed for the enclss-
ing of the city Burial gronnd-of which
lightweight dollars have come into nv
hands; sixty-nine dollars and fifty cents
were in merchandise and work; eigh-
teen dollars and fifty cents in cash; and
the balance remaining in the bands OF
those who subscribed. / have paid
out for work and materials, viz: For
posts, he wing and setting of posts, nailS.
lumber &c., eighty five dollars; leaving
balance in my hands of three dollars.
will at some future time give full
detail Of the whole, TO whom paid &c.
| EVAN EVANS.
"Ah! my good fellow, where have
you been for week back!"
"For freak back! have not been
troubled with weak back, thank
you -
No, no, where have you been long
back!"
"Long back don't call me long
back, you scoundrel.'
Obadiah only stopped TO see the tall
man knock down the short one!
BRAss.-The making of lawyer,
and the ruin of woman.
81 can marry any girl please, said
a young fellow, boasiingly. '.Yes. for
you can, please any," Instantly re-.
Joined blue-eyed dansel.