Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volumen19E. W. Stephens, 1866 |
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action Affirmed agent agreed alleged allowed amount answer appeal appellee application assignment authority bill bonds cause charged circumstances cited claim Company consideration contract conveyance corporation creditors debt deed defendant demurrer determined District Court duty entitled equity error evidence execution facts filed further give given granted ground hands held hold homestead husband instructions intent interest Iowa issued JOHN Johnston judge judgment jurisdiction jury justice land liable lien limited ment mortgage motion necessary notice objection officers opinion paid parties payment person petition plaintiff possession present proceedings purchaser question reason received record refused relation rendered Reversed road rule secure sold statute sufficient suit sustained taken term testimony thereof tion town trial trust valid warrants wife witness
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Página 514 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend Any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect, or by inserting other allegations material to the case, or when the amendment does not 428 Doty, Goodin et al.
Página 612 - ... that time was not of the essence of the contract, and that the defendant was not damaged by the delay.
Página 301 - The appellate court must render judgment according to the justice of the case, without regard to technical errors or defects which do not affect the merits.
Página 206 - Paige, 635, it was held that a negotiable security of a corporation which upon its face appears to have been duly issued by such corporation, and in conformity with the provisions of its charter, is valid in the hands of a bona fide holder...
Página 547 - If a person purchases an estate which he knows to be in the occupation of another than the vendor, he is bound by all the equities which the party in such occupation may have in the land ; " and, referring to the authorities which I have mentioned, he adds, " for possession is prima facie evidence of a seisin in fee.
Página 242 - When a married woman is a party, her husband must be joined with her, except: 1. When the action concerns her separate property-, or her right or claim to the homestead property, she may sue or be sued alone; 2.
Página 209 - ... prescribed by statute or charter, which all persons not only may know, but are bound to know. The opposite doctrine would be fraught with such danger, and accompanied with such abuse, that it would soon end in the ruin of municipalities, or be legislatively overthrown. These...
Página 436 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another ; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
Página 61 - Constitution which declares that no person shall be deprived of his life, liberty, or property, without due process of law.
Página 217 - When a corporation has power, under any circumstances, to issue negotiable securities, the bona fide holder has a right to presume they were issued under the circumstances which give the requisite authority, and they are no more liable to be impeached for any infirmity in the hands of such a holder than any other commercial paper...