Sweet v. Brown
Supreme Court of Iowa
Appeal from Póweshiele District Cov/rt. As to some of the defendants tbis in substance is an action to foreclose a mortgage. The defense was payment. A decree of foreclosure was entered. Both parties appeal.
1Opinion of the CourtSeeyers, J.
— An order was made setting down the case for hearing oh depositions. The burden of the issue being on the defendants, the court at the June term, 1881, ordered that “defendants be given until August 15, to take their testimony in chief, and the plaintiff to take his by November 15, and *670the. defendants to take rebutting thereafter.” The defendants proceeded to take their evidence in the form of depositions, but the same were not filed' until the twenty-fifth day of February, 1882. On the first day of March, 18S2, the plaintiff filed a motion to suppress the defendants’ depositions, on the…
2Cited by3 opinions
- Clapp v. GreenleeSupreme Court of Iowa · 1897
- Hogle v. SmithSupreme Court of Iowa · 1907
- Tuthill Spring Co. v. SmithSupreme Court of Iowa · 1894