Hard v. City of Decorah
Supreme Court of Iowa
Appeal from, Winneshiek Circuit Cou/rt. The plaintiff filed her petition in the office of a justice of the peace, in substance alléging that the defendant with teams and hands entered upon the premises of plaintiff, and dug and carried away three hundred and twenty loads of gravel, for which defendant agreed to pay whatever it was reasonably worth, and that it was worth ten cents a load, amounting to $32. The defendant answered, denying every allegation of the petition.
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Appeal from, Winneshiek Circuit Cou/rt. The plaintiff filed her petition in the office of a justice of the peace, in substance alléging that the defendant with teams and hands entered upon the premises of plaintiff, and dug and carried away three hundred and twenty loads of gravel, for which defendant agreed to pay whatever it was reasonably worth, and that it was worth ten cents a load, amounting to $32. The defendant answered, denying every allegation of the petition. The justice rendered judgment for the plaintiff. The cause was appealed to the Circuit Court, where the plaintiff, without…
1Opinion of the CourtDay, J.
I. The first question presented by appellant is whether or not it is necessary to allege, and if properly denied, to prove, the corporate capacity of defendant. Upon the trial plaintiff offered to prove, by competent testimony, that defendant is a municipal corporation and a city of the second class, duly organized.
This testimony was objected to upon the ground that there is no allegation in the petition that the defendant is a corporation, municipal or otherwise, and the objection was sustained. In response to this objection, appellee suggests that the pleadings in the justice’s court were…
2Cases cited6 opinions
- Beaty v. Lessee of KnowlerSupreme Court of the United States · 1830
- Case v. Mayor of MobileSupreme Court of Alabama · 1857
- People v. PotterCalifornia Supreme Court · 1868
- Byington v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1861
- Swails v. StateIndiana Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. FogertySupreme Court of Iowa · 1898
- Independent School District v. HubbardSupreme Court of Iowa · 1899
- Bon Aqua Imp't Co. v. Standard Fire Ins.West Virginia Supreme Court · 1891
- Matsumura v. County of HawaiiHawaii Supreme Court · 1909
- Hornberger v. StateNebraska Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.