Doyle v. Reilly
Supreme Court of Iowa
Appeal from Jones District Court. Of the right to recover money paid and not CREDITED : STATUTE OF LIMITATIONS : REPORT OF REFEREE, &c. — This action was commenced February 20th, 1863. The plaintiff claims $1,200 upon an account for work and labor, boarding' hands for defendant, &c., prior to January 10th, 1862, “and for money refunded by the said plaintiff to the said defendant: money paid for said defendant at his request, and interest to be deducted from said money…
Read the full summary
Appeal from Jones District Court. Of the right to recover money paid and not CREDITED : STATUTE OF LIMITATIONS : REPORT OF REFEREE, &c. — This action was commenced February 20th, 1863. The plaintiff claims $1,200 upon an account for work and labor, boarding' hands for defendant, &c., prior to January 10th, 1862, “and for money refunded by the said plaintiff to the said defendant: money paid for said defendant at his request, and interest to be deducted from said money refunded,” &c., per account attached. The first two items in this account are as follows: “ August 23d, 1857, to cash…
1Opinion of the CourtDillon, J.
1. Referee: report. By examining the issues made by the pleadings, in connection with the report made by the ref-eree> ^ will readily be perceived that the action 0f courj jn getting aside the report was not only eminently proper, but absolutely necessary. To the plaintiff’s claim for money paid on the note and mortgage; the defendant pleaded the statute of limitations, which makes the lapse of five years, after the cause of action accrued, a bar (Rev. §2740), except in cases of fraud. Id., § 2741. . The record shows that this action was brought February 20th, 1863. The report of the referee…
2Cases cited14 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
- Emerson v. UdallSupreme Court of Vermont · 1841
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nelson v. DiffenderfferMissouri Court of Appeals · 1914
- Savery v. SypherSupreme Court of Iowa · 1874
- Ulber v. DunnSupreme Court of Iowa · 1909
- Ashby v. ManleySupreme Court of Iowa · 1921
- Sage v. NicholsSupreme Court of Iowa · 1879
5 more not listed; retrieve them via the Exa API.