Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-11-14
Contractors Granted Mechanics
Lien of s9,234.75 on D.
NJ, If, & N. Property
APPEAL LIKELY TO BE TAKEN
Case Has Been Long Drawn Out and
Has Excited Additional Interest Be-
cause of Fact That Similar Case is
Pending Between Nevada and That
Railroad Management.

Special to Times Republican.
Nevada. Nov. 1.-THE long drawn
out railroad case which has occupied
the attention of the district court here
since Monday morning reached con
cluson yesterday when Judge Richard
handed down an opinion in favor of the
plaintiffs, w. o. Johnson & Sons.
awarding them their full claim, So
234.75 with interest at the rate OF six
per cent since January 18th, 1903. This
amount was rendered against the Globe
Construction, who employed the john
sons, and a mechanics lien against the
property Of the Des Moines, Iowa Falls
granted to secure the payment of same
This settles one Of the hardest fought
equity cases that has ever been tried
in the district court Of this county.
The plaintiffs case was handled by At
torneys Dawley and Wheeler OF Cedar
Rapids. assisted by Bert B. Welty IT
this city. Messrs. Allbrook and Lundy
Of Eldora, Nagle OF Clarion. Addison
OF this city, and Funk of Iowa Falls
had railroads and construction COM
pany's interests in hand. The John
sons were suing for the sum above
named as balance due them for work
done during December of last year,
when they alleged that their contrac,
was completed with the defendant COM
panies, by the act Of the chief engineer
OF the construction company instruct
ing them to get the work In shape that
steel might be laid, regardless Of the
condition OF the grade according to the
original surveys of the company's en-
gineers and the terms of the con-
tract, as the railroad company was
pushing the matter to speedy compile
ton. In order that they might get their
steel into Des Moines and run a train
in before the last day Of December,
that they might be in a position t.
claim the tax voted them by Nevada.
These Instructions the Johnsons car
ried out, after which the construction
refused to settle with them
for the last months work, on the
ground that they had not completed the
work in such time and in a manner t.:
accordance with their contract.
The case will doubtless be appealed
but from the outcome Of the case in
the lower court 1t is doubtful IL the
matter will ever meet with reversal
in the supreme court. Nevada people
are highly pleased over the outcome of
the case. In view OF the fact that
the city has suit Of similar nature
docketed and to be tried with the rail-
way company at the next term OF court
a deep interest was taken in the out
come of this case. The case between
Nevada and the d. NJ. I. F. & N rail
way company, will not be tried at the
present term, 1t being continued with
large number of other cases that were
not reached during the present four
weeks term.
The rather sensational Dickoph d.
vorce case from Story City has been
on trial since yesterday forenoon ana
will not be completed today. Judge
Richard has decided to return mex.
week and finish this case IL 1t is not
completed tonight and also to attend
to considerable amount Of probate
work that has been left unfinished.