Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volume 11E. W. Stephens, 1861 - Law reports, digests, etc |
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Results 1-5 of 65
Page 5
... asked for judgment on a note and for the foreclosure of a mortgage given to secure the same . The defendant answered , alleging , first , payment ; second , a set - off . The plaintiff demurred to the whole answer . The demurrer was ...
... asked for judgment on a note and for the foreclosure of a mortgage given to secure the same . The defendant answered , alleging , first , payment ; second , a set - off . The plaintiff demurred to the whole answer . The demurrer was ...
Page 12
... asked leave of the court to file an affidavit and mo- tion to set aside the return of said canvassers , for reasons in his motion stated ; but that the court refused to let him file such motion , to which ruling he claims to have , at ...
... asked leave of the court to file an affidavit and mo- tion to set aside the return of said canvassers , for reasons in his motion stated ; but that the court refused to let him file such motion , to which ruling he claims to have , at ...
Page 14
... asked to be made a party thereto . If he had such an interest in the result of the proceeding as would justify him in moving to set aside the order of the court , he should have asked leave to have had himself substituted as plaintiff ...
... asked to be made a party thereto . If he had such an interest in the result of the proceeding as would justify him in moving to set aside the order of the court , he should have asked leave to have had himself substituted as plaintiff ...
Page 15
... asked by the Railroad Company over their lands . The court instructed : " If the strip appropria- ted by the railroad company is timber land , the jury will consider the fact in estimating the damages , and that the railroad take with ...
... asked by the Railroad Company over their lands . The court instructed : " If the strip appropria- ted by the railroad company is timber land , the jury will consider the fact in estimating the damages , and that the railroad take with ...
Page 18
... asking the writ has lost a plain , speedy and adequate rem- edy by his own fault , or laches . 2. SAME . The writ does not lie to correct an erroneous judgment against a party when he has neglected to perfect an appeal within the time ...
... asking the writ has lost a plain , speedy and adequate rem- edy by his own fault , or laches . 2. SAME . The writ does not lie to correct an erroneous judgment against a party when he has neglected to perfect an appeal within the time ...
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Common terms and phrases
9 Iowa action affidavit alleged amended amount answer Appeal from Dubuque appellant appellee assignment attachment averments BALDWIN bill of exceptions bond cause charged cited claim clerk Code common law complainant contract County Judge county seat court of equity creditors damages debt debtor decree deed defendant's demurrer District Court dollars entitled equity error et ux evidence execution facts filed foreclose foreclosure fraud garnishee held Henry Wisner homestead indictment indorser instructions interest issue John Judgment affirmed Judgment reversed jury land landlord's lien levied liable lien ment mortgage mortgagor motion notice objection OCTOBER OCTOBER 18 opinion Oskaloosa overruled paid party payment petition plaintiff pleadings possession proceeding promissory note purchaser question Railroad Company record recover refused rendered replevin rule SATURDAY set-off sheriff sold statute sufficient Supreme Court sustained taxes testimony thereof tion trial verdict Wend writ
Popular passages
Page 485 - All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.
Page 578 - And further, that the bounty lands granted, or hereafter to be granted for military services during the late war, shall while they continue to be held by the patentees or their heirs, remain exempt as aforesaid from all taxes for the term of three years, from and after the date of the patents respectively...
Page 353 - ... the commission of which is necessarily included in that with which he is charged, or to an attempt to commit the offense...
Page 99 - Constitution which declares that no person shall be deprived of his life, liberty, or property, without due process of law.
Page 308 - ... having a duty to perform, and the words are spoken in good faith, and in the belief that it comes within the discharge of that duty, or where they are spoken in good faith, to those who have an interest in the communication, and a right to know and act upon the facts stated, no presumption of malice arises from the speaking of the words, and therefore no action can be maintained in such cases without proof of express malice.
Page 106 - As he had no home and no family in the strict sense of a 'collective body of persons who live in one house and under one head or manager...
Page 377 - A MORTGAGE is the conveyance of an estate, by way of pledge for the security of debt, and to become void on payment of it.
Page 359 - If the statement of the deceased was committed to writing, and signed by him at the time it was made, it has been held essential that the writing should be produced if existing, and that neither a copy nor parol evidence of the declaration could be admitted to supply the omission.
Page 100 - We are of opinion that the provision in the fifth amendment to the Constitution, declaring that private property shall not be taken for public use without just compensation, is intended solely as a limitation on the exercise of power by the government of the United States, and is not applicable to the legislation of the States.
Page 99 - The Constitution was ordained and established by the people of the United States for themselves, for their own government and not for the government of the individual States. Each State established a constitution for itself, and, in that constitution, provided such limitations and restrictions on the powers of its particular government as its judgment dictated.