Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volume 16E. W. Stephens, 1865 |
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Página 3
... held the petition insufficient to authorize a recovery . The correct- ness of this ruling depends wholly upon the true construc- tion of the petition . If the action is to be treated as one against the defendant in his individual ...
... held the petition insufficient to authorize a recovery . The correct- ness of this ruling depends wholly upon the true construc- tion of the petition . If the action is to be treated as one against the defendant in his individual ...
Página 6
... held that the heirs or their assignee could not recover without alleging that the estate had been settled , the creditors paid , and that a surplus remained in his hands for the heirs . This was correct , because if the suit was against ...
... held that the heirs or their assignee could not recover without alleging that the estate had been settled , the creditors paid , and that a surplus remained in his hands for the heirs . This was correct , because if the suit was against ...
Página 11
... Held , that the omission in the mandatory part of the writ of the amount which the sheriff was required to make did not vitiate or avoid the sale made thereunder . 3. SAME : ALTERATION . The alteration of an execution in an immaterial ...
... Held , that the omission in the mandatory part of the writ of the amount which the sheriff was required to make did not vitiate or avoid the sale made thereunder . 3. SAME : ALTERATION . The alteration of an execution in an immaterial ...
Página 16
... held to be , for want of seal . III . The defendant offered to prove that the execution above described " had been interlined after the same had been issued and after the levy had been made thereon by the sheriff , by the insertion of ...
... held to be , for want of seal . III . The defendant offered to prove that the execution above described " had been interlined after the same had been issued and after the levy had been made thereon by the sheriff , by the insertion of ...
Página 20
... held , that by a proper showing the plaintiff could have the sale of the tracts misdescribed set aside , and the entry of satisfaction on the execution canceled . 2. NEGLIGENCE OF THE CLERK . Where an injury arises by the negligence or ...
... held , that by a proper showing the plaintiff could have the sale of the tracts misdescribed set aside , and the entry of satisfaction on the execution canceled . 2. NEGLIGENCE OF THE CLERK . Where an injury arises by the negligence or ...
Outras edições - Ver tudo
Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 56 Iowa. Supreme Court Visualização integral - 1882 |
Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 58 Iowa. Supreme Court Visualização integral - 1883 |
Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 20 Iowa. Supreme Court Visualização integral - 1880 |
Palavras e frases frequentes
Affirmed Alexander Wright alleged amount answer appeal appellee applied assigned authorities Bank Bergen bond Brazleton Buell cause of action Cedar county cited City of Davenport claim contract Cook & Sargent corporation counsel court of equity Craton creditors debt debtor declared decree deed defendant defendant's demurrer District Court dollars Dubuque Elkader entitled equity error evidence execution facts filed foreclosure fraud Greenl ground habeas corpus held homestead interest Iowa issue Jefferson County judge judgment jurisdiction jury land levy liable lien ment mortgage motion notice officer opinion overruled paid parties payment person petition plaintiff pleadings premises prior proceeding promissory note purchaser question Railroad Company real estate record recover reference rendered Revision of 1860 rule sheriff sold statute sufficient suit Supreme Court sureties testimony thereof tion Traer trial Vannice verdict Wend witness writ
Passagens conhecidas
Página 167 - That the constitution and all laws of the United States which are not locally inapplicable, shall have the s*ame force and effect within the said territory of Nebraska as elsewhere within the United States...
Página 537 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Página 167 - That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this act ; but no law shall be passed interfering with the primary disposal of the soil ; no tax shall be imposed upon the property of the United States...
Página 602 - ... endeavors to deliver over such accused person or persons to the civil magistrate, and likewise to be aiding and assisting to the officers of justice in apprehending and securing the person or persons so accused, in order to bring him or them to trial.
Página 9 - ... or damage caused, unless the same was occasioned by the wilful act of the owner or his agent. And, in order to recover, it shall only be necessary for the owner to prove the injury or destruction of...
Página 433 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Página 495 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Página 115 - ... or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.
Página 527 - Every bidding is nothing more than an offer on one side, which is not binding on either side till it is assented to. But. according to what is now contended for, one party would be bound by the offer, and the other not, which can never be allowed.
Página 289 - Said company is also hereby empowered to purchase, receive and hold such real estate as may be necessary and convenient in accomplishing the object for which this- incorporation is granted ; and may by their agents, surveyors...