Campbell v. Ayres
Supreme Court of Iowa
Appeal from, the Polk District Court. This cause was before the court at the June term, 1855, and is reported in 1 Iowa, 257. The present petition is substantially like the former one. Such differences as are regarded of consequence, are noticed in the opinion of the court.
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Appeal from, the Polk District Court. This cause was before the court at the June term, 1855, and is reported in 1 Iowa, 257. The present petition is substantially like the former one. Such differences as are regarded of consequence, are noticed in the opinion of the court. To the present petition, which is in chancery, the respondent answers, that the matters set forth by the complainant, have heretofore been adjudicated between these same parties; that is to say, in a suit between the said Ayres as plaintiff, and the said Campbell as defendant, instituted in Polk county, and by change of…
1Opinion of the Court
Woodward, J.*
— When this cause was before the court, at a prior term, it turned] upon the plea, or answer of a former adjudication. The bill was dismissed, but without prejudice to any farther proceeding. This was in consequence of the apparent equity in the case, which was not fairly brought out by the state of the pleadings. Tlio present bill is more complete, and more fully explains some of the circumstances, and particularly that of the former adjudication by the suit in Warren county. But in consequence of the attitude of the present pleadings, we shall not be led to examine the facts of…
2Cited by10 opinions
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