Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa, Volumen115State of Iowa, 1902 |
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abstract adverse possession AFFIRMED agreement alleged amendment amount appeals.-Affirmed appellant appellee apply asked assessment attorney authority cause of action Cedar Rapids certificate charge claim Code complain contract contributory negligence conveyance conveyed counsel creditor crossing damages deceased DECEMBER 20 decree deed defendant defendant's demurrer dence district court District Court.-HON election entitled equity error evidence executed fact farm fendant filed foreclosure fraud Gamaliel Walker guard rails guy rope held husband injury instruction interest intervener Iowa issue Judge judgment jury land liable lien Mallow ment mortgage motion N. W. Rep negligence notice objection OCTOBER 22 overruled owner paid parties payment person petition plaintiff pleaded possession proceedings providing purchase question quiet title railroad Railway real estate reason received record recover rendered rule statute sufficient sustained testator testified testimony therein thereof thereto tiff tion trial court verdict wife witness
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Página 18 - ... defendant company. There was a trial by jury, resulting in a verdict and judgment for plaintiff, and defendant appeals. Reversed. WE Steele and Powell & Harmon, for appellant. WH Storrs and EC Preston, for appellee. DEEMER, J.
Página 187 - Whenever a creditor, whose claim against a bankrupt estate is secured by the individual undertaking of any person, fails to prove such claim, such person may do so in the creditor's name, and if he discharge 179 such undertaking in whole or in part he shall be subrogated to that extent to the rights of the creditor.
Página 168 - Dualin," and it was alleged in the declaration that not only was the plaintiff railroad company not notified of its dangerous character, but, on the contrary, it was assured that it was safe, and not of a dangerous nature. A demurrer to the declaration on the ground that it did not state a cause of action was overruled.
Página 225 - That no sale, contract, or lease, wherein the transfer of title or ownership of personal property is made to depend upon any condition, shall be valid against any creditor or purchaser of the vendee or lessee, in actual possession obtained in pursuance thereof, without notice, unless the same be in writing, executed by the vendor or lessor, acknowledged and recorded the same as chattel mortgages.
Página 509 - Where a change of domicile is alleged, the burden of proving it rests upon the person making the allegation. To constitute the new domicile, two things are indispensable: First, residence in the new locality; and, second, the intention to remain there. The change cannot be made except facto et animo. Both are alike necessary. Either without the other is insufficient. Mere absence from a fixed home, however long continued, cannot work the change.
Página 309 - ... shall also survive; and the action may be brought, notwithstanding the death of the person entitled or liable to the same.
Página 189 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) are due as a tax levied by the United States, the State, county, district, or municipality in which he resides; (2) are liabilities for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Página 668 - ... unless the same was procured by or through the fraud or deceit of the assured.
Página 659 - A party found guilty of contempt, under the provisions of this action, shall be punished by a fine of not less than $200 nor more than $1,000 or by imprisonment in the county jail not less than three nor more than six months or by both fine and imprisonment.
Página 190 - A fixed liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did not bear interest...