Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volume 52E. W. Stephens, 1880 - Law reports, digests, etc |
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Page 24
... witness would most certainly have so stated . The $ 600 , then , advanced by Head Bros. must be considered as wholly their money , and Beall was under no ob- ligation to take the judgment and reimburse them . But Head Bros. made no ...
... witness would most certainly have so stated . The $ 600 , then , advanced by Head Bros. must be considered as wholly their money , and Beall was under no ob- ligation to take the judgment and reimburse them . But Head Bros. made no ...
Page 37
... witness whether he stated certain facts as a witness in the foreclosure case . This testimony was very properly excluded by the court , upon the ground that the record of the evidence in the foreclosure case was the best evi- dence of ...
... witness whether he stated certain facts as a witness in the foreclosure case . This testimony was very properly excluded by the court , upon the ground that the record of the evidence in the foreclosure case was the best evi- dence of ...
Page 45
... witness in his own behalf , and pro- posed to testify as a foundation of an implied contract , " to facts 2. EVIDENCE : Connected with the condition of his father , his age , " etc. The evidence was rightly rejected under the rule ...
... witness in his own behalf , and pro- posed to testify as a foundation of an implied contract , " to facts 2. EVIDENCE : Connected with the condition of his father , his age , " etc. The evidence was rightly rejected under the rule ...
Page 46
... WITNESS . When it is sought to impeach a wit- ness by the production of a paper written by him , the paper must be shown the witness and he must be asked if he wrote it . 5. Parties : MEMBERS OF PARTNERSHIP . Where an action is brought ...
... WITNESS . When it is sought to impeach a wit- ness by the production of a paper written by him , the paper must be shown the witness and he must be asked if he wrote it . 5. Parties : MEMBERS OF PARTNERSHIP . Where an action is brought ...
Page 48
... witness , and the grounds of belief that plaintiff would be able to procure his testimony by the next term of the court , is as follows : “ C. K. Peck , sworn , says he is the plaintiff in this ac- tion ; that Grant Marsh , of Yankton ...
... witness , and the grounds of belief that plaintiff would be able to procure his testimony by the next term of the court , is as follows : “ C. K. Peck , sworn , says he is the plaintiff in this ac- tion ; that Grant Marsh , of Yankton ...
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Common terms and phrases
action AFFIRMED agreement Algona alleged amended amount answer appellee assignment attorney averred bill bond cause Cedar Rapids Circuit Court claim Code contract conveyance conveyed counsel creditors damages debt DECEMBER 13 decree deed defendant defendant appeals defendant's demurrer District Court district township dollars Dubuque entitled equity error evidence executed fact fendant filed foreclosure fraud fraudulent Gricke held insisted instruction interest intervenor Iowa issue J. B. Fletcher judgment jury land levy liable Mally mechanic's lien ment Mintonye mortgage motion National Bank notice OCTOBER OCTOBER 28 opinion Oskaloosa overruled owner paid Parchen parties payment person petition plaintiff plaintiff appeals pleadings Polk county possession premises promissory note purchase question railroad real estate received record recover refused rendered replevin rule SEEVERS sold statute surety sustained testimony thereof thereto tiff tion trial usury verdict void Vorse Winneshiek county witness
Popular passages
Page 198 - ... burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 688 - ... every alternate section of land, designated by odd numbers, for six sections in width on each side of each of said roads.
Page 115 - ... shall also have exclusive original cognizance of all seizures on land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States.
Page 696 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or, when the amendment does not change substantially the claim or defense, by conforming the pleading or proceeding to the facts proved.
Page 602 - No contract, receipt, rule, or regulation shall exempt any corporation engaged in transporting persons or property by railway from liability of a common carrier, or carrier of passengers, which would exist had no contract, receipt, rule, or regulation been made or entered into.
Page 590 - ... against the executor, administrator, heir at law, next of kin, assignee, legatee, devisee or survivor of such deceased person, or the assignee or committee of such insane person or lunatic.
Page 427 - RCL on p. 579, that the better rule, and the one supported by the weight of authority, is that a...
Page 195 - First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation and the power is denied.
Page 690 - ... of the United States, so as to secure a better and more expeditious line to the Missouri River, and to a connection with the Iowa branch of the Union Pacific Railroad...
Page 677 - That no sale, contract, or lease, wherein the transfer of title or ownership of personal property is made to depend upon any condition, shall be valid against any creditor or purchaser of the vendee or lessee, in actual possession obtained in pursuance thereof, without notice, unless the same be in writing, executed by the vendor or lessor, acknowledged and recorded the same as chattel mortgages.