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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Page 1
... contract , or as dama- ges , is computed in accordance with the laws of the place where the contract is made . 2. SAME . Where a contract is made in one State , to be performed in another , interest thereon will be computed in ...
... contract , or as dama- ges , is computed in accordance with the laws of the place where the contract is made . 2. SAME . Where a contract is made in one State , to be performed in another , interest thereon will be computed in ...
Page 2
... contract or given as damages by the law , is due according to the rate allowed by the law of the place where the contract is made ; and this for the reason that if not otherwise indicated , it will be presumed . that the contract was to ...
... contract or given as damages by the law , is due according to the rate allowed by the law of the place where the contract is made ; and this for the reason that if not otherwise indicated , it will be presumed . that the contract was to ...
Page 22
... contract . Counsel also reviewed The Howard Insurance Company v . Scribner , 5 Hill 298 ; contending that it was unsupported by the English and American Courts and text writers , and was inapplicable to this case . Samuels , Allison ...
... contract . Counsel also reviewed The Howard Insurance Company v . Scribner , 5 Hill 298 ; contending that it was unsupported by the English and American Courts and text writers , and was inapplicable to this case . Samuels , Allison ...
Page 31
... contract price and tending to show a tender of the balance . The court in- structed the jury : " If plaintiff offered to pay defendant the amount and defendant refused to receive it , the effect of such refusal would be the same as ...
... contract price and tending to show a tender of the balance . The court in- structed the jury : " If plaintiff offered to pay defendant the amount and defendant refused to receive it , the effect of such refusal would be the same as ...
Page 39
... contract . The only question presented in this case , relates to the duty of a garnishee to tender the amount he confesses to be due . Under section 1861 of the Code , the mode of attachment by garnishment is prescribed , and by such ...
... contract . The only question presented in this case , relates to the duty of a garnishee to tender the amount he confesses to be due . Under section 1861 of the Code , the mode of attachment by garnishment is prescribed , and by such ...
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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.