Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa, Volume 105State of Iowa, 1898 |
Contents
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Common terms and phrases
85 Iowa action affidavit AFFIRMED agent agreement alleged amendment amount answer appellant appellee application assignment attached attorney authority bank Benton county cents certificate charge City claim Code conclusion contract conveyance corporation Council Bluffs creditors damages debt decree deed defendant defendant's demurrer district court District Court.-HON entitled equity error evidence execution fact filed held homestead hundred dollars indebtedness indictment indorsed instructions Insurance intention interest issued Joseph Johnston Judge judgment jurisdiction jury Keokuk county land liability lumber mechanic's lien ment mortgage motion N. W. Rep notice nunc pro tunc owner paid parties payment person petition plaintiff pleaded possession promissory note purchaser question Railway real estate reason received record recover rendered replevin rule secure Sioux City sold statement statute statute of limitations street sufficient sustained therein thereof thousand dollars tiff tion trial court verdict warranty
Popular passages
Page 382 - ... shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property, nor by any foreclosure or other proceedings or notice of sale relating to the property, nor by any change in the title or ownership of the property...
Page 366 - If there be any uncertainty on this head in the record, — as, for example, if it appear that several distinct matters may have been litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered, — the whole subject-matter of the action will be at large, and open to a new contention, unless this. uncertainty be removed by extrinsic evidence showing the precise point involved and determined.
Page 78 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading 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...
Page 308 - Its trust character, it will be presumed, in the absence of a showing to the contrary, that It was preserved by them in some form, and that It passed into the hands of the assignee.
Page 52 - ... and it was held that the burden was on the plaintiff to prove negligence on the part of the defendant.
Page 275 - All fire insurance corporations, except town insurance corporations, shall, upon the issue or renewal of any policy, attach to such policy, or indorse thereon, a true copy of any application or representations of the assured which, by the terms of such policy, are made a part thereof, or of the contract of insurance, or referred to therein, or which may in any manner affect the validity of such policy.
Page 557 - But the discount of bills of exchange drawn in good faith against actually existing values, and the discount of commercial or business paper actually owned by the person negotiating the same, shall not be considered as money borrowed.
Page 114 - ... a writ or summons issued in the course of judicial proceedings; 16. Words and phrases must be construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, must be construed according to such peculiar and appropriate meaning; 17.
Page 357 - In any action against an acceptor of a bill of exchange, or the maker of a promissory note, the defendant shall be at liberty to stay proceedings, on payment of the debt and costs in that action only.
Page 328 - State, leaving a balance of $ to be paid on vouchers submitted by party of the second part to party of the first part...