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https://www.courtlistener.com/api/rest/v3/opinions/3433524/ | The indictment in this case charges the defendant with the crime of murder in the first degree. It is the claim of the State that he assaulted, and in some way inflicted severe injuries upon, his wife, and then thrust the trunk of 1. HOMICIDE: her body into the ash pit of the furnace in the corpus basement of... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433525/ | W.W. McElrath, a resident of Moville in Woodbury County, Iowa, died testate May 6, 1926. He willed all of his property to his sons, Ralph McElrath and Fred McElrath, as trustees. The record does not disclose the provisions of the trust but apparently all of his children were the beneficiaries. Ralph was nominated as ex... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433526/ | W.B. Puckett, age eighty-two, a long-time resident of Woodbine, Iowa, executed the proposed will on July 20, 1946. He died October 5, 1947. His wife died in November 1935. Three children were born to them. One died in infancy. One daughter, Mrs. Clyde Crowder, died at the birth of her only child, Esther Ambrose, the co... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433527/ | This is an action originally commenced at law, but, during the trial, which by agreement of counsel was to the court, upon motion, was transferred to equity, to compel the appellee Consolidated Independent School District to provide funds therefor and to apply the same to the payment of four warrants of $1,000 each, tw... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433528/ | Joe Arends was the owner of a quarter section of Grundy county land. In 1925 he mortgaged 120 acres of this quarter section to the Equitable Life Assurance Society for $12,000, this being referred to as the first mortgage. On January 2, 1931, Joe Arends mortgaged the entire quarter section to the Equitable Life Assuran... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433529/ | The only question presented on this appeal is whether the plaintiff's employment came within the purview of our Compensation Act. If yea, then the plaintiff was confined to his remedy thereunder. If nay, then the plaintiff was entitled to pursue his common-law remedy for damages. The defendant contends for the affirmat... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433531/ | The appellant is the receiver of a canning company located at Dexter. We shall refer to said company as the appellant. Appellant was engaged in the business of canning *Page 890
corn. For the purpose of carrying on its 1. CARRIERS: business, appellant purchased cans in carload delay: lots of the Continental ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433532/ | It is undisputed that Charles E. Robeson, city treasurer; F.A. Hass, city clerk; John C. Witt, city attorney; Harry Ward, chief of police, (or their successors in office) are trustees of the Policemen's Pension Fund of the City of Davenport; and that the first three, with Richard Kelley, chief of the fire department, (... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433533/ | In December 1932, Farmers Savings Bank of Colwell, Iowa, closed its doors and in January 1933, was placed in the hands of a receiver. Taxes for the years 1932 and 1933 were levied against the various stockholders for their respective shares of the capital stock, surplus and undivided profits of the bank. Thereafter, in... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433534/ | The Muscatine Lighting Company, the plaintiff and appellee, is a public service corporation furnishing gas to the city of Muscatine. In the year 1927 the appellee owned certain real estate which was subject to assessment and taxation. Accordingly in 1927 the assessor called upon the manager of the appellee company for ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433535/ | [1] Defendant is a widow who owns one of the better homes in Des Moines, built on a lot 200 feet wide by 400 feet deep. Plaintiff, who is 65, has done various kinds of manual labor. As a boy he did farm work in Sweden. In this country he worked in coal mines for about 25 years, was a hospital janitor about four years, ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433537/ | The plaintiff and appellant, the First National Bank of Tama, is the holder of an unsatisfied judgment against W.W. Lynch, who is the owner of 80 acres of land in Poweshiek County. On November 9, 1923, W.W. Lynch executed a note for $8,864, payable to the appellee, J.M. Lynch, his brother, and secured the same by a sec... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433538/ | This is an action in mandamus brought by Frank Lanphier against the Tracy Consolidated School District, its officers and directors. All the facts, for the purpose of this case, appear in the petition and amendment thereto, which allege that the Tracy Consolidated School District is duly organized under the laws of the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433539/ | Patrick Lane, through the will of his father, Edmund Lane, acquired a life estate in the 160-acre farm in controversy with the right to mortgage it for not more than $2,400. What is conceded to be a contingent remainder was devised to the legal heirs of Patrick at the time of his death. The plaintiffs are the five daug... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433540/ | The plaintiffs-appellees claim that Chapter 129 of the 1927 Code, as amended (Acts Forty-third General Assembly, Chapter 75), is unconstitutional and void. This legislation was enacted by the state for the purpose of controlling and eradicating bovine tuberculosis. Section 2 of the amendment declares:
"The state of Iow... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433541/ | I. The plaintiff and defendant F. Marion Pray were married in 1907, and divorced on the 4th of November, 1911. As a result of this marriage, one child was born. Prior to the divorce proceedings, but in anticipation thereof, the plaintiff and her husband had a conference as to alimony and the division of the property. T... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433543/ | Plaintiff-appellee is the duly qualified and acting executor of the estate of one John Frederick, deceased. The defendant-appellant classifies as an executrix de son tort under the common law and also under the statute. 11 Ruling Case Law 456, Section 562; Section 12059, Code of 1924.
This action was commenced in equit... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433544/ | In this suit plaintiff sought an injunction against defendants restraining them from practicing optometry without a license. Plaintiff alleged in its petition that defendants through employees professed to be optometrists, skilled in the ocular science, and, through the employees, practiced optometry in contravention o... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/7247166/ | JESSE M. FURMAN, United States District Judge:
Plaintiff Carrie Williams brings employment discrimination claims against her former employer, the New York City Department of Health and Mental Hygiene (the "DHMH"), pursuant to the Americans with Disabilities Act of 1990 (the "ADA"), 42 U.S.C. § 12101 et seq. ; the New Y... | 01-03-2023 | 07-25-2022 |
https://www.courtlistener.com/api/rest/v3/opinions/3433545/ | This is an action to recover a 100 per cent stock assessment against the defendant, Rosa Wosoba. The defense was a general denial; plea of misjoinder of causes of action and parties; that plaintiff had no legal right to maintain the suit; that plaintiff had no authority granted by the court to maintain the suit; that t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433563/ | The plaintiff in the original action was the owner of a farm of 360 acres. It appears that he sold the farm, and received as evidence of part of the purchase price a mortgage on the premises for $27,250. The purchaser in turn sold the farm to the defendants L.W. Barnhart and wife, who assumed the payment of said mortga... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433571/ | Lester H. Colver made written application *Page 408
to the Continental Assurance Company for a policy of insurance in the amount of $2,000 upon his life. On the 20th day of September, 1933, he appeared before Dr. A.L. Yocom, Jr., the medical examiner of the appellant company at Chariton, Iowa, and submitted to a medic... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433575/ | [1] This is the second appeal in this case, the opinion in the first appeal being found in 204 Iowa 739, where the facts are stated. On procedendo in this case, an effort was made to carry out the orders of this court. The assignee filed a report showing that she had paid her attorneys $500 in fees, with interest there... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433595/ | The defendant, W.A. Arts, was appointed city clerk of the city of Carroll, Iowa, in 1922 and held that office until his resignation in 1934. One of the duties of the city clerk was to collect water rents. The city brought this suit in *Page 488
October 1934, to recover water rents which it alleged defendant collected ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433577/ | On January 5, 1933, the Ely Savings Bank of Ely, Iowa, was duly adjudged insolvent and the superintendent of banking of the state of Iowa was duly and legally appointed receiver of said bank. On August 31, 1933, the plaintiff receiver filed his petition in equity to recover from the shareholders of the capital stock of... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433578/ | On the 22nd day of December, 1931, the plaintiff, appellant herein, was awarded a decree of divorce from the defendant, appellee herein, in which decree plaintiff was awarded the custody and control of the two minor children of the parties; and which decree further ordered the defendant to pay to the clerk of the Polk ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433592/ | For a clear understanding of the facts out of which this action arose we give something of a history of the title of the land upon which the mortgage securing the note in suit was placed.
On February 28, 1918, Reilly, owner, executed to the Peyton State Bank a note for $3,000, due February 28, 1922, with interest at 6 ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433597/ | E.J. Kreumpel, who commenced this suit against defendant, died prior to the trial and P.H. Peterson, administrator of his estate, was substituted as plaintiff.
The controlling question before us is whether the delivery of a check by plaintiff's intestate, E.J. Kreumpel, at defendant bank to the bank's assistant cashier... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433598/ | The collision complained of occurred on the morning of August 11, 1928, a little earlier than the noon hour. The place of the accident was at the intersection of the Illinois Central Railway Company with a north and south highway, which runs along the east line of the town of Knierim. The Illinois Central Railway runs ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433600/ | The defendant Roth Brothers Akers is a copartnership, which is engaged in the business of a general contractor for public improvements. In its petition, the plaintiff asks for judgment for the balance claimed to be due upon an account for reinforcement steel alleged to have been sold and delivered by the appellant to ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433601/ | I. The affirmative defenses pleaded were:
(1) That, under the contract of sale, pursuant to which the shipment was made, the purchasers had the right to make trial of the engine; that, pursuant to such contract, they took immediate possession of the engine, for the purpose only of making such trial; that, immediately a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433602/ | On the evening of June 27, 1931, at about the hour of 7 o'clock, and while it was still light, the appellee was driving east on Eighth avenue in the city of Marion, Linn county, Iowa, and the appellant was driving south on Eighteenth street. Both appellant and appellee were driving old Model T Fords. Eighth avenue runs... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433606/ | Appellees herein were tenants on certain land owned by one C.A. Freise. On the 16th day of July, 1921, Freise commenced an action against these tenants, praying a landlord's lien against their crop, and asking that a receiver be appointed to take charge of said crops; whereupon one C.H. Bradbury was duly appointed rece... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433612/ | The plaintiff apparently acquired the title to the real estate in controversy from W.L. Smalley, whose title thereto never appeared of record. Immediately after the acquisition of his title by the plaintiff, the defendant Hamilton, who was a judgment-creditor of Smalley's, and who had been such judgment-creditor for mo... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433616/ | This is an action brought by the plaintiff, appellant, Dorothy Anne Dondore, against the defendant, appellee, F.J. Rohner, for malpractice in which the plaintiff claims that the defendant physician as a consultant and specialist in internal diseases was called as such consultant by the attending physician to examine an... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433562/ | Lawrence Lein, the plaintiff and appellee, brought this action against John Morrell Company, the defendant and appellant, to recover damages caused on January 14, 1927, by the negligence of the latter's agent and driver in carelessly operating a light delivery truck into and against the former's automobile at or near ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433564/ | The cause of action stated in the petition is upon quantummeruit. An itemized statement showing debits and credits is attached thereto. The answer of appellant admitted the services, alleged settlement, and payment in full, and also set up the statute of limitations. The finding of the court, sitting as a jury, upon al... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433567/ | The defendants E.M. and Jennie E. Sabin executed the mortgage in question to the appellant, to secure *Page 1363
their notes in the sum of $13,000. Thereafter, E.M. Sabin entered into a written contract with E.W. Dennstedt for 1. EVIDENCE: the sale of the mortgaged premises to the parol as latter, who, in the ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433568/ | The petitions of the respective plaintiffs herein are identical except as to the amounts claimed. Summarized, the said petitions are as follows:
The Hardsocg Manufacturing Company was a corporation under the laws of the state of Iowa, of which the capital stock was $76,000, represented by 760 shares of which Bane Hards... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433599/ | One Joseph Hruska died in 1919, leaving a widow. Frances, a son, Harold, and a mentally incompetent daughter, Mary. In June, 1919, Otto Sikora was appointed guardian of the property of Mary upon the application of Harold. This appointment was in all respects regular. Sikora continued to act as guardian until his death ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433603/ | Ross V. Hawk had an undivided one-fourth interest in an estate. In the estate was a tract of 280 acres, apparently unincumbered, and 40 acres incumbered with a life estate to Della Hawk. The land is in Dallas County. Hawk wanted Jones to 1. INSURANCE: buy his interest. Hawk had been under apparent extent of guard... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433605/ | Christian Nelson died June 14, 1921. His will was duly admitted to probate. Subject to a life estate to the surviving widow, it provided, in Item III thereof:
"I give, devise and bequeath all of my real property of which I may die seized, from the death of my said wife, Christina Nelson, to my children in the following... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433610/ | W.F. Main operates under the name of Standard Manufacturing Company at Cedar Rapids, Iowa, and in 1932 and subsequent thereto was engaged in the sale of merchandising vending machines. On April 12, 1932, F.A. Henriott, who lived in Louisville, Kentucky, purchased from Main, thru his salesman, forty vending machines and... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433611/ | At the election of 1934 in the Third supervisor district of Hamilton county, there were three candidates for supervisor; E.B. Tyler, a Republican candidate, H.G. Klaver, as an Independent candidate, and Charles Greiner, a Democratic candidate. There were six townships in this supervisor district, and six voting precinc... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433613/ | [1] In December, 1921, Bankers Life Company issued a policy of insurance on the life of John Welch, a resident of Johnson county, Iowa, in which his wife, Clara E. Welch, was named as beneficiary. Following the death of said John Welch, it appears that a controversy arose between the beneficiary, Clara E. Welch, and th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433615/ | The sole question involved in this appeal is whether the evidence was sufficient to carry the case to the jury on the question of the defendant's negligence. The testimony of the various witnesses is not in complete harmony. In a situation of this kind we are, of course, required to view the testimony in the light most... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433617/ | Prior to December 13, 1920, the defendant James C. Pierce had become indebted to the State Bank of Deep *Page 778
River for borrowed money, to the amount a little less than $4,000, a portion of which was used for the benefit of the wife, Ruth M. Pierce. On said date, Pierce executed a new note to the bank, to take up ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433653/ | I. The mortgage in question was a second mortgage, covering a half section of land in Hancock County, and made subject to a mortgage of $25,000. The three defendants named and duly served were Teget, the mortgagor; Gus Schulz, the 1. MORTGAGES: tenant in occupation; and Plymouth Clay Products foreclosure: Company, a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433656/ | Levi Green died intestate in 1926, leaving three daughters and a son as his heirs at law. Francis Snyder, husband of a daughter, Nellie Snyder, made claim against the estate of decedent upon a note for $800, executed in 1920, and a $500 loan evidenced by a check dated August 16, 1922. A temporary administrator was appo... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433678/ | The incorporated town of Norwich is located near the southeast corner of Section 29, Township 69, Range 38, Page County. In 1921, the board of supervisors of said county established, as a part of Primary Road No. 3, locally known as Waubonsie Trail, a new route on the section line between Sections 29 and 32, Township 6... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433658/ | The facts in this tragedy are not in dispute.
On the morning of August 8, 1930, Sheriff C.H. Elwood of Cedar County received a telephone call from the police department *Page 1135
of Davenport, stating that the Lage Drug Store of that city had been held up by three men and robbed, and that the bandits had left Davenpo... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433661/ | Patrick Murphy, a resident of Pocahontas County, died testate, June 24, 1906. His two sons James and *Page 680
Philip were named in his will as executors, and also as trustees for certain purposes therein mentioned, and upon 1. EXECUTORS the probate of the will, they duly qualified as AND such, and gave n... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433663/ | It is conceded that the appellant owed the appellee $200 for rent. On January 4, 1926, the appellee was at the appellant's place, and at said time the appellant gave appellee a check drawn on the Hedrick State Bank for $200, in payment of said rent. The appellant testified:
"I told Mr. Ostrander, at the time I gave him... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433667/ | In this case the plaintiff, Corn Belt Theatre Corporation, appealed to the district court from the action of the Board of Review of the City of Oskaloosa, Mahaska County, Iowa, in confirming an assessment made by the local assessor *Page 356
upon a theater property owned by it in that city in 1941, and in disregarding... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3445263/ | Reversing.
June 21, 1924, appellee, Frank Trenkamp, boarded a street car in Covington, Ky., owned and operated by appellant, Cincinnati, Newport Covington Railway Company, bound for Cincinnati, and paid his fare. He was carried over the bridge across the Ohio river between the two cities and into the Dixie terminal in... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433660/ | In this action the plaintiff seeks to recover damages to person and property for alleged negligence by the defendant-corporation, through its servants, relative to a truck, which, at the time in question, was standing next to the curb on the right-hand *Page 37
side of the pavement on Federal Highway Number 34, near C... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433662/ | Mrs. Miller testified that on August 23, 1930, she accompanied the deceased, Mrs. Helen Feori, her niece, to the home of the defendant, Carrie Rowley, in Des Moines. Mrs. Miller *Page 142
was not aware of the purpose of the visit to defendant's home until about the time they arrived there. She had no idea what her nie... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433669/ | In what follows no attempt will be made to do more than set out the highlights of the State's case and how it was met by the defendant; because, if a fact question was presented the verdict of the jury was conclusive as to that.
Cars driven by the defendant and one Munsell collided about 3:15 o'clock of the morning of ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433674/ | On March 1, 1920, the defendant C.A. Watts sold to plaintiff, Larson, a tract of land by contract in substitution of one previously existing, the terms of which need not be considered, further than to say that $10,000 was paid by 1. VENDOR AND plaintiff on the two contracts, and performance PURCHASER: was to be, b... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433675/ | I. The plaintiff is a banking corporation located at Chalco, Nebraska, and organized under the laws of that state. On May 29, 1922, John Schleisman, vice president of the Farmers Merchants Savings Bank, executed the note in suit, to 1. BANKS AND Louis Kovar, its cashier. It is admitted, or BANKING: clearly pro... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433718/ | [1] This is a proceeding in equity whereby plaintiff asks for an accounting and judgment. Count I of the petition alleges an agreement, partly written, partly oral, and under this agreement claims a percentage of defendant's profits for the year 1947. Defendant in answer to Count I states that the written agreement is ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3445634/ | [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 609
Affirming in part and reversing in part.
This appeal is from a judgment rendered in two consolidated actions, declaring preferential certain mortgages on a farm executed by Ja... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433897/ | Plaintiff and defendant are brothers who inherited from their mother a one-sixth interest each in certain land. A partition suit was commenced by one of the heirs, which proceedings resulted in the appointment of a referee, W.B. Whiting. He thereafter sold the land to the defendant. Thinking himself short of funds to p... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433840/ | This is an action brought by L.A. Andrew, superintendent of banking of the state of Iowa, as receiver of the Farmers
Merchants Savings Bank of Durant, Iowa, to recover against the stockholders of the Farmers Merchants Savings Bank of Durant, Iowa, on their several shares of stock owned in said bank. The action was st... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433841/ | During his lifetime E.B. Clarke was the owner of certain real estate located in Story county, Iowa. He executed a note in the amount of $16,000 on January 28, 1929, to the Midland Mortgage Company, an Iowa corporation, promising to pay *Page 374
the principal sum on February 1, 1934, with interest at 5 per cent, payab... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433842/ | This was a suit on a promissory note in amount of $5,000, dated April 23, 1923. As to the liability on the note, the defendant W.C. Jones made no defense, but defaulted, and the trial of the case arose over a motion made to dissolve the attachment. Iowa Miller Jones, wife of W.C. Jones, intervened, claiming a homestead... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433843/ | Plaintiff S.W. Korf is the owner of the 140-acre farm in Washington County, Iowa, across which the defendants, in the exercise of the right of eminent domain, condemned a right of way and constructed a track thereon for the relocated line of their railway. Plaintiff Charles Cannon had been a tenant of the farm during t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433845/ | In this cause an instrument, purporting to be the last will and testament of Frances Rule Pike, was offered for probate. Contestant claimed that the instrument had not been properly signed, executed, published, and witnessed as a will. The district court found that the instrument was never executed or witnessed as requ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433848/ | I. The prosecution had its origin in a search and seizure in certain premises known as 307 North Center Street, Marshalltown, wherein intoxicating liquor was found. It appears that the defendant lived with his mother, in the old family home. This home was the place of the search. On the afternoon or evening of March 8,... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433849/ | I think the case presents a fact question for the determination of the jury, and would affirm. | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433850/ | On May 3, 1940, U.C. Burch contracted in writing to do grading for the state highway commission on a secondary road in Wayne county. At that time Maryland Casualty Company became surety on the contractor's bond in the sum of $7,500. The contractor completed the work on September 7, 1940, and it was later accepted by th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433851/ | I respectfully dissent.
The majority opinion holds that claimants for labor and material against the unpaid funds of a contractor can only resort to a per cent of the contract price (in this case ten per cent) for the payment of their claims, and that the contractor can assert a superior and paramount claim as against ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433853/ | The property involved is a house and lot in Waukon occupied by plaintiff as his home. The contract was made December 11, 1940, between defendant Robert A. Collins and plaintiff. The purchase price was $1,800, of which plaintiff paid $350 in cash. The contract provided that within fifteen days the vendor would convey th... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433854/ | I. The case has complications of procedure and practice which are more troublesome than the question of ultimate merit. The plaintiffs filed their petition alleging their ownership of a certain 640 acres of land, and that they were 1. EJECTMENT: entitled to the possession thereof, and that title: the defendant... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433855/ | Plaintiff's petition asserts that he is a surviving brother and heir of Eda J. Runyan, who died February 17, 1933; she was the wife of James C. Runyan, who died November 1, 1938; in 1928, Runyan made a will whereby he bequeathed and devised all of his property to his wife, Eda J. Runyan; the will became lost, diligent ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433856/ | The offense of which the defendant was convicted took place on November 11, 1938, in Washington, Iowa. He was then 18 years old, and lived in said city with his parents. Cecil Replogle, upon whom the alleged assault was made, was 17 years old, and lived with his parents on a farm near Washington. The boys had been acqu... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433717/ | It is alleged by the plaintiff that, on the evening of the 19th of December, 1928, she received severe personal injuries, while riding as a passenger in a Ford coupé automobile, *Page 253
1. MUNICIPAL which, at the time of the accident, was going CORPORA- north on Fourth Street in the city of Des TIONS: ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433728/ | This is the third appeal in this case. The two former appeals are Swan v. Dailey-Luce Auto Co., 221 Iowa 842, 265 N.W. 143, and Swan v. Dailey-Luce Auto Co., 225 Iowa 89, 277 N.W. 580. Verdict was for plaintiff. From *Page 882
judgment thereon and from ruling of the court overruling defendants' motion for new trial an... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433730/ | Pigeon creek runs in a southwesterly direction through Harrison and Pottawattamie counties, in this state, emptying into the Missouri river in Pottawattamie county. There have been organized along this natural water course three separate *Page 338
drainage districts, all of which have their outlet through this creek. ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433735/ | An instrument purporting to be the last will and testament of Columbus H. Warren is as follows:
"I, Columbus H. Warren, of Sanders County, Montana, do make this my last will and testament, hereby revoking all former wills, if any, by me at any time made. *Page 941
"To my mother, Agnes Duncan, I give all my property, r... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433896/ | The accident causing the injury for which damages is sought to be recovered in this action occurred about 12:30 a.m. on November 15, 1936, at which time the plaintiff, *Page 1227
a man 52 years old, was walking in a westerly direction along the right half of the paved portion of Hickman Avenue, an arterial drive or st... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433898/ | Plaintiff in this case is the administratrix of the estate of Arthur Grant Larsen, deceased, who met with an accident on the 11th of November, 1935, which resulted in his death within a few days thereafter, and in the petition plaintiff claims judgment against the defendant in the sum of $30,000, for such death, the pe... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433899/ | One Tyler owned a 40-acre tract of land. On March 23, 1910, he executed his will, making disposition of said tract. On April 5, 1910, said Tyler died, and his will was duly admitted to probate. It is unnecessary that we set out the terms and conditions of said will. See, however, Bredensteiner v. Oviatt, 202 Iowa 993. ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433903/ | I. The material facts, with a single exception, to be presently noted, are not in dispute.
Clarence Hedges was the owner of certain land upon which J.W. Squire had a first mortgage for $9,000, and the defendant W.H. Donald had a second mortgage securing two notes, one for $3,946, due in five years, and the other for $4... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433905/ | It is alleged by the plaintiff that the defendant George K. Horton was the owner of certificate No. 403 covering 29 shares of stock in the Ottumwa Hotel Company; that the same was held by C.F. Moulton as collateral for a debt owing by George K. Horton to the said Moulton; that the plaintiff has an assignment of said ce... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433918/ | In September, 1933, the plaintiff commenced an action in the district court of Union county, Iowa, for foreclosure of a $10,000 mortgage upon a 200-acre farm situated in said county and owned by the defendant, Isabella McFee, who, together with Bruce McFee and Isaac N. McFee, joined in the execution of the note secured... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433919/ | In January, 1928, there was a contest before the board of supervisors of Sioux County, participated in by the owners of five different newspapers, three of which were to be selected as the official county newspapers for the year 1. COUNTIES: 1928. The contest was determined against J.D. official and Grace Baile... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433938/ | Under the evidence in this case the jury could have found the following facts:
This crime was committed on the 10th day of March, 1935, at about 4 o'clock in the afternoon, in a place known as the Sportsmen's Club, on West Seventh street, in Des Moines. This building faces Seventh street and is entered from said street... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433940/ | Some considerable time prior to the transactions out of which this controversy arises, L.A. Andrew, superintendent of banking, was appointed receiver of the insolvent Eddyville Savings Bank. W.L. Edwards had on deposit in said bank a considerable sum of money. The amount of the dividend due upon said depositor's claim ... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433941/ | Appellee is the owner of the northeast quarter of the northeast quarter of Section 14, Township 84, Range 18, Marshall County, Iowa. Primary Road No. 14 extends north and south on the east side of the above tract, and was paved from the south to a point 123 feet north of the south line of the above described tract. The... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433942/ | On September 5, 1924, the appellee and the appellants entered into a written contract, providing for a sale by the appellants to the appellee of real estate described therein as follows:
"A tract described as beginning at a point on the east line of Fair Avenue as shown on the plat of James Grant's Subdivision, recorde... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433949/ | In this law action plaintiff sought to recover damages from defendant for injuries sustained by him in an automobile collision while riding in the one of the colliding automobiles that was being driven by defendant; alleged negligence of defendant being the basis of plaintiff's cause of action.
As a defense defendant a... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433928/ | I feel that I must dissent from the majority opinion in this case.
The question for determination here is whether, under said section, 278.1, Code of 1946, the voters have been given power by the legislature to authorize certification, levy and collection of the tax not to exceed two and one-half mills on the dollar fo... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433931/ | The facts in this case, which are practically undisputed, are substantially as follows: The plaintiff brought a foreclosure action against W.S. Hart, and obtained a judgment; the land was sold, and a sheriff's certificate issued to the plaintiff under date of November 27, 1925. Within the proper time, the defendant Wil... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433934/ | Plaintiff brings this action on an account for itself and two other accounts assigned to plaintiff by Marshall Field Co. of Chicago, and the Security Trust Savings Bank of Shenandoah, Iowa, the total claims aggregating $4,100. The accounts of the Marshall Field Co. and the claim of the Security Trust
Savings Bank w... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433936/ | We give our attention first to three questions of fact: (1) Whether a relationship of trust and confidence in fact between decedent and defendants existed. If so, (2) whether defendants, through such relationship and in their dealing 1. TRUSTS: with decedent personally, obtained an advantage existence: or profi... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433943/ | No question is raised as to the method of procedure in this case.
An original action was instituted in the district court of Muscatine county, based on the following facts. In October 1932, a declaration of trust was made, by the terms of which *Page 1369
certain lands in Harrison county, Iowa, described as follows: t... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433944/ | The indictment charges the defendant with the crime of larceny by embezzlement, which crime is defined by Section 13031 of the Code, 1927.
The question presented by the appellant is as to whether or not the jury should have been allowed to find that, at the time in question, the defendant was the agent of Diamondis Var... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433947/ | Defendant seeks to attach to the receipt by D.J. Murphy of the proceeds of a new loan which defendant made through Murphy for the purpose of paying off the note and mortgage in suit, the consequence of payment to plaintiff, claiming that payment was thus made to Murphy as agent for plaintiff. The evidence as to the rel... | 01-03-2023 | 07-05-2016 |
https://www.courtlistener.com/api/rest/v3/opinions/3433914/ | In the early part of the year 1919, there was organized under the laws of the state of Iowa, a corporation by the name of the Farmers Union Exchange, at Oasis, Iowa. The object of this corporation was to, and it did, engage in the mercantile business at said town. As a corporation it was not a success. At its inception... | 01-03-2023 | 07-05-2016 |
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