Clinton Savings Bank v. Underhill
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. P. B. Wolee, ■Judge. Action in equity to reform and foreclose a mortgage on real estate. Tlie issue here was tried only as between plaintiff and Olive S. Groiie, executrix. Erom an adverse decree, plaintiff appeals.
1Opinion of the CourtWaterman, J.
1 *2942 *2953 *293We granted a rehearing in this case, which was reversed in the opinion first filed (84 N. W. Rep. 667), because of an argument in support of the trial court’s judgment, which was first presented by appellee in the petition for rehearing. Every argument presented on the original submission was disposed of, and, as we think, properly, in the first opinion written. But as it is doubtless our duty to sustain the trial court if there is any reason upon which it can be done, even though such ground may not be presented by counsel, we have reopened the case to give the new matter consideration.…
2Cases cited6 opinions
- Wormley v. HamburgSupreme Court of Iowa · 1874
- O'Brien v. . WeilerNew York Court of Appeals · 1893
- Burton v. BaldwinSupreme Court of Iowa · 1883
- Williams v. BarrettSupreme Court of Iowa · 1879
- Conger v. BeanSupreme Court of Iowa · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re Estate of ConnerSupreme Court of Iowa · 1948
- Kyle v. KyleSupreme Court of Iowa · 1916
- Mollison v. RittgersSupreme Court of Iowa · 1908
- Robertson v. CampbellSupreme Court of Iowa · 1914
- James v. FairallSupreme Court of Iowa · 1914
7 more not listed; retrieve them via the Exa API.