Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volum 33E. W. Stephens, 1873 |
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Side 13
... answer also contained several counts setting up mitigating circumstances . The plaintiff demurred to each of the counts in mitigation ; and the demurrer was overruled . The cause was tried to a jury , who found a verdict for the ...
... answer also contained several counts setting up mitigating circumstances . The plaintiff demurred to each of the counts in mitigation ; and the demurrer was overruled . The cause was tried to a jury , who found a verdict for the ...
Side 29
... answer , deny that there is due from them , for failure to deliver wool , as alleged , the several sums claimed . By way of counter - claim , they allege that the sheep were warranted sound ; that they were affected with scab , by ...
... answer , deny that there is due from them , for failure to deliver wool , as alleged , the several sums claimed . By way of counter - claim , they allege that the sheep were warranted sound ; that they were affected with scab , by ...
Side 31
... answer , and by counsel denominated a receipt , a writing , and a contract , may be explained by parol testimony , by showing what occurred at the time of its execution . The rule is well settled that parol contemporaneous evidence is ...
... answer , and by counsel denominated a receipt , a writing , and a contract , may be explained by parol testimony , by showing what occurred at the time of its execution . The rule is well settled that parol contemporaneous evidence is ...
Side 43
... answer averring that the work ordered had not been commenced , etc. , and that the bond is therefore void . It is a general and well - settled rule of law that contracts made in violation of law , or upon an illegal consideration , or ...
... answer averring that the work ordered had not been commenced , etc. , and that the bond is therefore void . It is a general and well - settled rule of law that contracts made in violation of law , or upon an illegal consideration , or ...
Side 62
... answer , denying that plaintiff is the owner of the premises described , and averring that Jacob Butler , as trustee , is the owner thereof , in fee . For further answer they allege that all the proceedings in bankruptcy , against Isett ...
... answer , denying that plaintiff is the owner of the premises described , and averring that Jacob Butler , as trustee , is the owner thereof , in fee . For further answer they allege that all the proceedings in bankruptcy , against Isett ...
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Vanlige uttrykk og setninger
action Affirmed agent agreement alleged amount answer appellee assignment attorney authority avers bankrupt bankruptcy breach cause circuit court City R. R. Co claim commenced contract counsel court of equity creditor damages debt debtor DECEMBER 21 decree deed defendant defendant's delivered demurrer district court Dubuque & Sioux entitled equity error estoppel evidence execution fact February FEBRUARY 24 filed foreclosure fraud garnishee grain held Hines & Eames indictment indorsed instruction Iowa Isett issued judgment jurisdiction jury land levy liable lien ment mortgage motion Muscatine county negligence notice opinion overruled paid party payment performance person petition plaintiff pleading possession proceedings promissory note provides purchase question railroad received record recover refused rendered replevin Richmond rule Sioux City R. R. sold statute statute of limitations suit sustained taxes term thereof tiff tion trial verdict void witness
Populære avsnitt
Side 520 - From this method of interpreting laws by the reason of them, arises what we call equity, which is thus defined by Grotius : "the correction of that wherein the law (by reason of its universality) is deficient.
Side 185 - 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...
Side 627 - Government supplies, mails, freight, and property on their way from any State to another State, and to receive compensation therefor, and to connect with roads of other States so as to form continuous lines for the transportation of the same to the place of destination.
Side 64 - ... such assignment shall relate back to the commencement of the proceedings in bankruptcy, and by operation of law shall vest the title to all such property and estate, both real and personal, in the assignee...
Side 102 - ... to appear and show cause why the prayer of the petition should not be granted...
Side 614 - We live in deeds, not years; in thoughts, not breaths; In feelings, not in figures on a dial. We should count time by heart throbs. He most lives Who thinks most — feels the noblest — acts the best.
Side 529 - 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...
Side 14 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Side 67 - ... effects, and may prosecute and defend all suits at law or in equity, pending at the time of the adjudication of bankruptcy, in which such bankrupt is a party in his own name, in the same manner and with the like effect as they might have been ' presented or defended by such bankrupt...
Side 476 - ... claim a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating...