Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa, Volume 136State of Iowa, 1908 |
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Common terms and phrases
acres action affirmed agreement alleged amendment amount appeal appellant appellee assessment attorney authority bank breach Carrigg certificate certificate of deposit charge claim Coaldale Code condition contract contributory negligence conveyance costs counsel counterclaim damages deceased DECEMBER 16 decree deed defendant defendant's deposit directed verdict District Court easement entered entitled equity error estoppel evidence execution fact fendant filed fraud ground held injury instruction Iowa issue Judge judgment jury land lease liability lien loan lots matter ment mortgage motion negligence NOVEMBER 18 overruled owner paid parties payment person petition plaintiff pleaded Polk county premises proof purchase question quieting title reason record recover recovery reference REHEARING rents and profits replevin res judicata Reversed rule sheriff's deed statement statute sustained testator testified testimony thereof thereto tiff tion tract trial court verdict witness
Popular passages
Page 430 - General, to institute proceedings for the appointment of a receiver to wind up the affairs of the bank.
Page 395 - The vital principle is, that he who, by his language or conduct, leads another to do what he would not otherwise have done, shall not subject such person to loss or injury by disappointing the expectations upon which he acted.
Page 292 - It was resolved that in this case, if the lessee had covenanted for him and his assigns, that they would make a new wall upon some part of the thing demised, that forasmuch as it is to be done upon the land demised, that it should bind the assignee; for although the covenant doth extend to a thing to be newly made, yet it is to be made upon the thing demised, and the assignee is to take the benefit of it, and therefore shall bind the assignee by express words.
Page 624 - ... accept or receive on deposit, with or without interest, any money, bank bills or notes, United States Treasury notes or currency, or other notes, bills, checks or drafts, or renew any certificate of deposit.
Page 346 - An intervention takes place -when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court...
Page 569 - ... shall be examined as a witness in regard to any personal transaction or communication between such witness and a person, at the time of such examination deceased...
Page 291 - When the covenant extends to a thing in esse, parcel of the demise, the thing to be done by force of the covenant is quodammodo annexed and appurtenant to the thing demised, and shall go with the land, and shall bind the assignee although he be not bound by express words...
Page 24 - 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 228 - The rule of the common law on this subject is well settled. The principle is, that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement, or portion sold, with all the benefits and burdens which appear, at the time of the sale, to belong to it, as between it and the property which the vendor retains.
Page 194 - ... with all the other evidence in the case, in determining the question whether the witnesses who have testified to facts tending to criminate...