Legal Opinion
Harrington v. Polk County Federal Savings & Loan Ass'n of Des Moines
Supreme Court of Iowa
Decided April 13, 1972No. 54849PublishedCited by 23 opinions
1Opinion of the Court
MASON, Justice.
Plaintiffs appeal from the trial court’s ruling sustaining defendant’s motion for summary judgment based on the theory plaintiffs’ claim for damages as alleged in a separate law action should properly have been asserted as a counterclaim in a previous equity action and is now barred under rule 29, Rules of Civil Procedure. The correctness of this ruling is presented for determination.
March 28, 1961 plaintiffs, Gerald and Shirley Harrington, executed a note and real estate mortgage to defendant, Polk County Federal Savings and Loan Association of Des Moines. May 13, 1970, the…
2Cases cited20 opinions
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- Great Lakes Rubber Corporation v. Herbert Cooper Co., IncCourt of Appeals for the Third Circuit · 1961
- Southern Construction Co. v. PickardSupreme Court of the United States · 1962
- Lesnik v. Public Industrials CorporationCourt of Appeals for the Second Circuit · 1944
- B. J. Diamond v. Terminal Railway Alabama State Docks, an Agency of the State of AlabamaCourt of Appeals for the Fifth Circuit · 1970
15 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Larry D. Schaefer and Elaine M. Schaefer v. Dale L. Putnam, Putnam Law Office, and SMP, L.L.C.Supreme Court of Iowa · 2013
- Stoller Fisheries, Inc. v. American Title Insurance Co.Supreme Court of Iowa · 1977
- Mid-Continent Refrigerator Co. v. HarrisSupreme Court of Iowa · 1976
- Farmers Trust & Savings Bank v. ManningSupreme Court of Iowa · 1984
- Kolb v. NaylorDistrict Court, N.D. Iowa · 1987
18 more not listed; retrieve them via the Exa API.