Legal Opinion

Funk v. Carroll County

Supreme Court of Iowa

Decided October 22, 1895PublishedCited by 12 opinions

Appeal from Carroll District Court. — Hon. Geobge W. Paine, Judge. In 1889, the plaintiff was clerk of the defendant county, and one Lynch was his deputy, and this action is for money paid by the plaintiff for the services of the deputy. There was a judgment for plaintiff, and the defendant appealed.

1Opinion of the CourtGranger, J.

1 I. F. W. Krause was a witness' for the defendant. At the term at which the cause was tried1, Krause was sick, and the 'defendant made an application for a continuance because of the inability of Krause to attend the court. The application wjas resisted, and one of the grounds of resistance was, that the witness was *159“■within easy reach of the court, and plaintiff is willing to go to the residence of the witness to take his testimony.” The motion was overruled, “conditioned that the testimony of F. W. Krause be taken at his residence.” Defendant excepted to the ruling, and the cause was tried…

2Cases cited5 opinions

  1. State v. ShelledySupreme Court of Iowa · 1859
  2. Moore v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1895
  3. Casey v. StewartSupreme Court of Iowa · 1882
  4. O'Hagen v. O'HagenSupreme Court of Iowa · 1862
  5. Moore v. Davenport & Rock Island RailroadSupreme Court of Iowa · 1895

3Cited by12 opinions

  1. Selleck v. City of JanesvilleWisconsin Supreme Court · 1898
  2. Atchison, T. & S. F. Ry. Co. v. LongSupreme Court of Oklahoma · 1926
  3. State v. RichardsSupreme Court of Iowa · 1905
  4. Mell v. StateSupreme Court of Arkansas · 1918
  5. Costa v. ReedSupreme Court of Connecticut · 1931

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