Wolf v. Smith
Supreme Court of Iowa
Appeal from Dallas District Gowrt. Action upon a promissory note for $10,000, executed by William Smith, C. Rodenbach, H. P. Hill, J. H. Strong, F. S. Graham, N. R. Nichols, E. Goughnor and H. H. Moffit, to J. R. Van Meter, who indorsed the note in blank. The petition also asks the foreclosure of a mortgage executed by F. S. Graham and Isabel, his wife, for the security of the same.
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Appeal from Dallas District Gowrt. Action upon a promissory note for $10,000, executed by William Smith, C. Rodenbach, H. P. Hill, J. H. Strong, F. S. Graham, N. R. Nichols, E. Goughnor and H. H. Moffit, to J. R. Van Meter, who indorsed the note in blank. The petition also asks the foreclosure of a mortgage executed by F. S. Graham and Isabel, his wife, for the security of the same. The makers of the note, except F. S. Graham, pleaded that they were mere sureties upon the note, and that they had been discharged from liability in consequence of the plaintiff releasing certain of the mortgaged…
1Opinion of the CourtDay, J.
1. Practice : waiver of ex. ceptions. I. Counsel for the appellee Long make the point that the appeal cannot be heard, because no exception was taken, in the court below, to the decree. This question, lies upon the threshold, and must first be considered.
Whether it is necessary to except to the final decree in a chancery cause we need not now determine. As to a doubt upon this question see Phipps v. Penn, 23 Iowa, 30. The cause was pending in the Dallas district court. The attorneys of the respective parties agreed that the cause should be transferred for trial to the Polk district court, and…
2Cases cited2 opinions
- Dickerman v. DaySupreme Court of Iowa · 1871
- Phipps v. PennSupreme Court of Iowa · 1867
3Cited by7 opinions
- Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
- Broadway National Bank v. HaywardMassachusetts Supreme Judicial Court · 1934
- Carter v. Tanners Leather Co.Massachusetts Supreme Judicial Court · 1907
- Schroeder v. Arcade Theater Co.Wisconsin Supreme Court · 1921
- Webber v. WebberMichigan Supreme Court · 1896
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