Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa. [1847-1854], Volume 4S. Hoyt, printer, New York, 1858 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 18
... defendant , by the judgment of the court , in the principal suit , to which the attachment was auxiliary . The fact of indebtedness , on part of the defendant , to the plaintiff , to any amount , remained unfixed until judgment would be ...
... defendant , by the judgment of the court , in the principal suit , to which the attachment was auxiliary . The fact of indebtedness , on part of the defendant , to the plaintiff , to any amount , remained unfixed until judgment would be ...
Page 19
... defendant . The defendant had no control of the matter . He was compelled to submit to the legal acts of the sheriff in execution of the process . Hav- ing taken the oxen , by virtue of the attachment , it was the duty of the sheriff to ...
... defendant . The defendant had no control of the matter . He was compelled to submit to the legal acts of the sheriff in execution of the process . Hav- ing taken the oxen , by virtue of the attachment , it was the duty of the sheriff to ...
Page 20
... defendant , but that this expense should be paid on sale of the stock . In the same case , reported in 3 Mc- Lean , 356 , the court expressly says that the expense of keep- ing live stock is properly chargeable as costs of the suit . If ...
... defendant , but that this expense should be paid on sale of the stock . In the same case , reported in 3 Mc- Lean , 356 , the court expressly says that the expense of keep- ing live stock is properly chargeable as costs of the suit . If ...
Page 24
... defendant purchased the logs from the apparent owner , and the person in possession . He was an innocent purchaser ... defendant's possession by delivery of plain- tiff , or of a third person , or by finding , it is necessary , at ...
... defendant purchased the logs from the apparent owner , and the person in possession . He was an innocent purchaser ... defendant's possession by delivery of plain- tiff , or of a third person , or by finding , it is necessary , at ...
Page 32
... defendant's answer . This was objected to by de- fendant , but the court overruled the objection , and per- mitted the replication to be filed . To this ruling the defendant excepted . This was error in the court . The pleadings should ...
... defendant's answer . This was objected to by de- fendant , but the court overruled the objection , and per- mitted the replication to be filed . To this ruling the defendant excepted . This was error in the court . The pleadings should ...
Other editions - View all
Common terms and phrases
alleged amended amount answer Appeal appellee assigned attachment authorized averment bill of exceptions Bissell bond certificate charged claimed clerk Code Code of Iowa commenced contract county court county judge court erred creditors damages debt decided decision decree deed defendant defendant's demurrer dollars dower Dubuque county equity error evidence execution facts fee simple filed fraud held husband indictment indorsed instruction Iowa issued J. C. Hall Jefferson County Judgment affirmed Judgment reversed jurisdiction jury justice land Lee county levy liable lien lots ment mortgage motion notice O'Ferrall objection offense officer Opinion by GREENE Opinion by HALL overruled paid party payment person petition plaintiff plaintiff in error pleadings possession proceedings purchaser question railroad record recover refused rendered replevin rule sheriff Smith statute statute of frauds sufficient suit sustained term tion trial verdict wife writ writ of attachment
Popular passages
Page 271 - ... where the person making the service, and the person on whom it is to be made, reside or have their offices in different places, between which there is a regular communication by mail.
Page 11 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety- and happiness.
Page 221 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 178 - Many cases exist, where the forfeiture for acts done attaches solely in rem, and there is no accompanying penalty in personam. Many cases exist where there is both a forfeiture in rem and a personal penalty. But in neither class of cases has it ever been decided that the prosecutions were dependent upon each other. But the practice has been Opinion of the Court. and so this court understands the law to be, that the proceeding in rem stands independent of, and wholly unaffected by any criminal proceeding...
Page 228 - The Supreme Court shall have appellate jurisdiction only in cases in chancery, and shall constitute a Court for the correction of errors at law, under such restrictions as the General Assembly may, by law, prescribe...
Page 144 - In all other cases the defendant may be found guilty of any offense, the commission of which is necessarily included in that with I. When voluntary manslaughter is itself the greater charge, proof of "sudden heat" may be required. Cite as 352 NE2d 523 which he is charged in the indictment or information.
Page 508 - In these cases, the rule of law, as we understand it, is this ; a man is not to be excused from responsibility if he has capacity and reason sufficient to enable him to distinguish between right and wrong, as to the particular act he is then doing, a knowledge and consciousness that the act he is doing is wrong and criminal, and will subject him to punishment.
Page 221 - When a divorce is decreed, the court may make such order in relation to the children, property, parties, and the maintenance of the parties, as shall be right and proper, and the guilty party forfeits all rights acquired by the marriage.
Page 552 - The cause was submitted to the court without a jury. On the...
Page 250 - A motion for a new trial is addressed to the sound discretion of the trial court.