Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volume 50E. W. Stephens, 1880 |
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action AFFIRMED agent agreement Albia Alexander Blair alleged amended amount answer appellee APRIL 25 assessment assigned Attorney authority averred Blair bond cars cause cents Circuit Court claim Code confession of judgment construction contract corporation Council Bluffs counsel damages DECEMBER 13 decree deed defendant appeals defendant's demurrer denies District Court entitled equity error et ux evidence executed fact filed fraud held homestead hundred dollars indebtedness indictment indorsed instruction interest Iowa issued judgment jury land liability mechanic's lien ment Millard Moines mortgage motion negligence notice opinion owner paid parties payment person petition plaintiff pleaded possession premises promissory note purchase question Railroad Company Ransier real estate reason record recover referee refused rendered replevin rule secure sold Starr statute testified testimony thereof thousand dollars tiff tion township trial trial de novo witness Wright county
Popular passages
Page 252 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Page 453 - Where the grounds for a new trial could not. with reasonable diligence, have been discovered before, but are discovered after the term at which the verdict, report of referee or decision was rendered or made, the application may be made by petition, filed as in other cases, on which a summons shall issue, be returnable, and served, or publication made, as prescribed in section sixty-eight.
Page 102 - It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract ; and if he does not assent to any variation of it, and a variation is made, it is fatal.
Page 74 - 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.
Page 148 - When the correction administered is not in itself immoderate, and therefore beyond the authority of the teacher, its legality or illegality must depend entirely, we think, on the quo animo with which it was administered. " Within the sphere of his authority, the master is the judge when correction is required, and of the degree of correction necessary ; and, like all others intrusted with a discretion, he cannot be made penally responsible for error of judgment, but only for wickedness of purpose.
Page 684 - That the opinion of witnesses possessing peculiar skill is admissible, whenever the subjectmatter of inquiry is such, that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it, without such assistance ; in other words, when it so far partakes of the nature of a science, as to require a course of previous habit or study, in order to the attainment of a knowledge of it...
Page 350 - And provided further, that any corporation operating a railway shall be liable for all damages by fire that is set out or caused by operating of any such railway...
Page 88 - ... thus collected shall remain in the treasury of said company, subject to the payment of such losses and expenses as have or may thereafter accrue; and the balance, if any remain, shall be returned to the party from whom it was collected, on demand, after thirty days from the expiration of the term for which insurance was made.
Page 397 - Where any of the matters enumerated in section four hundred and eighty-eight of this act as grounds of demurrer, do not appear on the face of the complaint, the objection may be taken by answer.
Page 386 - ... 1. When the trial of an issue of fact shall require the examination of a long account on either side...