The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1859-07-14
From the Dubuque Times.
Decisions of the Supreme Court.


Decisions of the Supreme Court.
Through the kindness of B. w. Poor
Esq, who has just returned from Des
Mones, we are enabled to give the fol-
lowing synopsis OF important decisions
rendered by the Supreme Court during
its present session
landlords Lien.--James Grant vs..
Whitwell, Marsh & Co., appeal from
Scott county. In this case the Court
held that the Statute Code, sec. 1870,
1871, providing for Landlords Lien,
and the mode of enforcing the same, is
not confined to farms, but extends to
goods kept in store for sale and that
the word used is intended to be un-
derstood in an enlarged sense. and to ex-
press the use incident to the nature and
purpose of the occupation of the premi-
ses, and that in this case the cloths and
goods of Merchant Tailors were used"
for the purpose of sale and for making
into garments for customers. 1t was al
so further held that the Lien commences
at the time the tenant enters into posses
sion, and continues as provided in the
Statute.
Merchants Lien.-McGova & Haupt.
appeal from Scott county. The Court
held that in order to enttle the party to
a mechanics lien for lumber furnished
and used in the erection of building,
there must be at least mutual under
standing that the material is furnished,
and is to be used about the erection and
reparation of building. Lumber furn-
ished from time to time in the usual
course of trade to mechanic, and not for
any particular building, is not subject to
lien when used in the erection or rep
aration of building.
attachment, Damages and Set OFFS
Reed VS.. Chubb Bro, Barrows & Co,
appeal from Scott county Znn VS.. Will
Jams etal; appeal from Dubuque coun-
ty. The Court in these cases ruled that
damages for the wrongful suing out of
writ of attachment, may be set off in the
same action, when the writ is sued at the
commencement of the suit
Foreclosure of Mortgages. The follow
ing is the decision relative to the fore
closure of mortgages. The case was that
OF Kramer vs.. Rebman, and was carried
on appeal from the District Court of Du-
buque Co. Wiltse, Friend & Jennings
for appellants Cooley, Blatchley & Ad-
ans for appellee.
The question is, whether after sale
under proceeding to foreclose mort
gage whether by the Sheriff prior to
the act Of 1858, or in pursuance to the
Judgment of court, there exists right
to redeem either in the defendant or his
creditors. Our opinion is that the right
does not exist, but that the sale is abso-
lutte. The grounds for this conclusion are
briefly these:
Our Code contains provisions, general
and special, in their nature and sub
stance. 1t gives us a general system OF
pleading and practice, for instance. for
the trial and disposition of civil actions
and other directions and rules for the
trial of cases of a special or independent
character. The Code was intended, in a
certain sense, to give us system of
practice in our courts. So also, it was
the design to give us in a compact and
connected form a system OF laws. II is
true that the common law was not abol-
ished in this State, but liberal and not
a strict construction was to be given to
all Of the provisions of the Statute.
though such provisions might be in der
ogation of the common law in order to
carry out the general purposes and OBJ
jects Of the system. [sS e5o-a] In
deed that the design was to give to the
statute law the complete ground work of
system of laws, is manifest from the
entire Code. The several courts of the
r State are established. The manner of
applying to those courts for relief-ths
method of bringing defendant in-tbe
nature Of pleadings-the manner Of trisl
the judgment, the verdict, the execu-
, ton, the levy, sale, certificate, deed, aud
redemption, are minutely pointed out.
and but little if anything in these re
spects are left to the common law.
1t has been said that the Code contains
: general and special provisions, and from
this fact may be drawn the 6rst argument
In favor of the position that there is no
redemption in these cases. Chapter ITO
points out particularly and minutely the
manner OF enforcing the payment Of
judgments recovered in ordinary civil
actions. to wit; by execution. Ii the
Code contained no other provisions upon
the subject of sales under execution or
under process TO enforce the payment OF
money. then it might be concluded that
I chapter l 10 would relate to sales under
: proceedings to foreclose mortgages, as
well AS general judgments and execu.
tions. But as there are other provisions
We repeat the remark that this chapter
, relates in its essential features and pro.
i visions to executions in ordinary civil ac
r. coSTINuEp ON FOURTH PAcYl