Searcy v. Miller
Supreme Court of Iowa
Appeal from Keokuk Circuit Court. On the 5th day of July, 1880, the plaintiff commenced her action against the defendant, on a promissory note for $1,200, executed hy the defendant to Oivilla Jones, now Civilla J. Searcy, the plaintiff, dated February 23, 1874, due twelve months after date.
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Appeal from Keokuk Circuit Court. On the 5th day of July, 1880, the plaintiff commenced her action against the defendant, on a promissory note for $1,200, executed hy the defendant to Oivilla Jones, now Civilla J. Searcy, the plaintiff, dated February 23, 1874, due twelve months after date. The petition alleges that the note is in the possession of the defendant, who refuses to surrender it to plaintiff; that defendant obtained possession of the note fraudulently of plaintiff’s husband, in the mouth of February, 1878, without value and without the knowledge or consent of plaintiff, and…
1Opinion of the CourtDay, J.
*616i action : eqfuty: lost1 uote' *615It is insisted that the court erred in submitting *616the cause to a jury for trial as a law action. This involves a determination of the question whether the cause was properly at law or in equity. The clerk in making up the calendar designated the'cause as in equity. The plaintiff made no such designation of the case, the names of the parties to the action being followed by the word “ petition ” as in ordinary proceedings, and not by the words “ petition in equity,” as in equity proceedings. See Code, § 2616. Does the petition seek relief which is of an equitable…
2Cases cited1 opinion
- State v. ElliottSupreme Court of Iowa · 1877
3Cited by5 opinions
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- State v. BrowningSupreme Court of Iowa · 1911
- Dedric v. HopsonSupreme Court of Iowa · 1883
- Thornley v. StateCourt of Criminal Appeals of Texas · 1935
- Brink v. . StrattonNew York Court of Appeals · 1903