A Digest of the Decisions of the Supreme Court of Iowa from Its Organization [1839] Until the End of the January Term, 1887: Including Morris' and Greene's Reports, and the Series of Iowa Reports Up to and Including Volume LXX, Except Cases Therein First Decided at the March Term; Also of the Federal Courts in Iowa and of the Supreme Court of the United States So Far as They Relate to Iowa Law Or Subject Matter Peculiar to Iowa, Volume 2 |
Common terms and phrases
adverse possession affidavit alleged amendment amount appear apply assessment assignment authority board of supervisors bond Burlington cause of action certificate Chicago claim constitute construction contract contributory negligence conveyance corporation Council Bluffs County court court of equity creditor damages debt defect defendant demurrer District T'p Dubuque entitled equity erty evidence execution fact failure filed firm foreclosure fraud grant held holder Ibid indebtedness injury interest Iowa issue judgment jury land levy liable lien limit mandamus mechanic's lien ment Moines mort mortgage mortgagor motion notice officer owner P. R. Co paid partner partnership party payment person petition plaintiff pleading Polk County possession prior proceeding proof proper purchaser railroad railway record recover redemption render replevin Sioux City statute statute of frauds street subsequent sufficient surety tax deed tax sale tax title taxation thereof tion township trial valid vendee verdict void warrant
Popular passages
Page 300 - ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause ; or, 4.
Page 65 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: 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.
Page 2 - 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 427 - ... when such wrongs are in any manner connected with the use and operation of any railway on or about which they shall be employed, and no contract which restricts such liability shall be legal or binding.
Page 178 - Where the grounds for a new trial could not, with uponp«uti<m. reasonable diligence, have been discovered before, but are discovered after the term at which the verdict, report of referee or decision was rendered or made, the application may be made by petition, filed as in other cases...
Page 364 - Meander lines are run in surveying fractional portions of the public lands bordering upon navigable rivers, not as boundaries of the tract, but for the purpose of defining the sinuosities of the banks of the stream and as the means of ascertaining the quantity of land in the fraction subject to sale, and which is to be paid for by the purchaser.
Page 541 - A thing within the intention, is within the statute, though not within the letter ; and a thing within the letter, is not within the statute, unless within the intention.
Page 206 - The rule is well settled, that where the law requires absolutely a ministerial act to be done by a public officer, and he neglects or refuses to do such act, he may be compelled to respond in damages to the extent of the injury arising from his conduct. There is an unbroken current of authorities to this effect. A mistake as to his duty and honest intentions will not excuse the offender.
Page 166 - It is thus evident that the matter of inspection is left to the sound discretion of the trial court, and in the absence of a showing of abuse of discretion, as in the present case, the trial court's denial of an inspection will not be disturbed on appeal.
Page 149 - Assumption of risk is a defense, and, like contributory negligence, is usually a question of fact, or a mixed question of law and fact, to be determined by the jury under proper Instructions from the court.