Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volume 28E. W. Stephens, 1871 - Law reports, digests, etc |
Contents
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Common terms and phrases
action Affirmed alleged amount appeal appellee apply assessment attorney authority Boersch Buchanan county charged Circuit Court cited claim commenced Constitution contract conveyance counsel decree defendant defendant's District Court Dubuque Dubuque county duty entitled equity error evidence Ex parte Holman executed fact federal court foreclosure ground habeas corpus held illegal indictment instructions interest Iowa issued Johnson County judge judgment jurisdiction jury justice land lease Lee County levy liable lots Mahaska County mandamus ment Moines mortgage Norley notice objection offense opinion Oskaloosa overruled owner paid parties payment person petition Pfiffner plaintiff possession proceeding prosecution purchaser question Railroad record recover refused rendered rule Scott County Shaw Sobey sold statute statute of limitations sufficient suit supervisors Supreme Court sustained tax sale Term testimony therein thereof tion trial usurious valid verdict void witness writ XXVIII
Popular passages
Page 49 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 136 - The judiciary power of every government looks beyond its own local or municipal laws, and in civil cases lays hold of all subjects of litigation between parties within its jurisdiction, though the causes of dispute are relative to the laws of the most distant part of the globe.
Page 270 - Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the State...
Page 137 - Agreeably to the- remark already made, the national and state systems are to be regarded as one whole. The courts of the latter will of course be natural auxiliaries to the execution of the laws of the Union...
Page 523 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder in the second degree...
Page 136 - Supreme Court in all the enumerated cases of federal cognizance in which it is not to have an original one, without a single expression to confine its operation to the inferior federal courts. The objects of appeal, not the tribunals from which it is to be made, are alone contemplated. From this circumstance, and from the reason of the thing, it ought to be construed to extend to the state tribunals.
Page 135 - I mean not therefore to contend that the United States, in the course of legislation upon the objects intrusted to their direction, may not commit the decision of causes arising upon a particular regulation, to the federal courts solely, if such a measure should be deemed expedient : but I hold that the State courts will bo divested of no part of their primitive jurisdiction...
Page 556 - Section 124 requires no more than that the indictment must be direct and certain as regards the offense charged. Subsection 2 of section 122 is as follows: "The indictment must contain • * * a statement of the acts constituting the offense, In ordinary and concise language, and In such a manner as to enable a person of common understanding to know what is intended...
Page 446 - There is no principle better established in this court, nor one founded on more solid considerations of equity and public utility, than that which declares that if one man knowingly, though he does it passively, by looking on, suffers another to purchase ami expend money on land under an erroneous opinion of title, without making known his claim, he shall not afterwards be permitted to exercise his legal right against such person. It would be an act of fraud and injustice, and his conscience is bound...
Page 135 - They then know that the prisoner is within the dominion and jurisdiction of another Government, and that neither the writ of habeas corpus, nor any other process issued under State authority, can pass over the line of division between the two sovereignties. He is then within the dominion and exclusive jurisdiction of the United States. If he has committed an offence against their laws, their tribunals alone can punish him. If he is wrongfully imprisoned, their judicial tribunals can release him and...