Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Volume 53Reporter, 1881 |
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action AFFIRMED agent alleged amount answer appellee APRIL APRIL 22 assigned authority averred Carroll county cause certificate charged Circuit Court civil township claim Code contract conveyance conveyed counsel creditors decree deed defendant defendant appeals defendant's demurrer dence determine District Court dollars entitled error evidence execution fact fendant filed fraud garnishee grain ground held homestead husband indictment insisted instructions Insurance interest intestate Iowa Isaac Kuhn issued J. B. Fletcher judgment jury land levy liable lien mechanic's lien ment Missouri River Moines mortgage motion notice opinion Ottumwa overruled owner paid parties payment person petition plaintiff plaintiff appeals pleadings possession premises promissory note provides purchase question railroad company real estate reason receipt recover rendered replevin SEEVERS Sexton & Abbott sheriff sheriff's deed sold statute Tama county testimony thereof tion trial usury verdict void wife witness
Popular passages
Page 346 - An adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated, and have had decided as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defense": Freeman on Judgments, sec.
Page 100 - The legislatures of those districts or new states shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed" on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents.
Page 537 - A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied ; specifying the extent of the imprisonment, which cannot exceed one day for every one dollar of the fine.
Page 429 - That no lands acquired under the provisions of this Act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Page 106 - ... the secretary of the interior, from the lands of the United States nearest to the tiers of sections above specified, so much land in alternate sections, or parts of sections, as shall be equal to such lands as the United States have sold or otherwise appropriated, or to which the rights of pre-emption have attached, as aforesaid...
Page 93 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Page 518 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Page 248 - Every white male citizen of the United States, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county, township, or ward, in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections.
Page 106 - But in case it shall appear that the United States have, when the lines or routes of said roads are definitely fixed, sold any sections, or any parts thereof, granted as aforesaid, or that the right of pre-emption has attached to the same, then it shall be lawful for any agent or agents to be appointed by the governor of said State to select...
Page 205 - Courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding, existing at the time in like causes in the courts of record of the State, within which such Circuit or District Courts are held, any rule of the court to the contrary notwithstanding.