Sweatt v. Faville
Supreme Court of Iowa
Appeal from, Mitchell District Court. Injunction. — The original petition was filed October 16, 1865, the order of the judge allowing the writ, bearing date September 22, 1865. The writ issued on the day the petition was filed and service was accepted, January 1, 1866. Its command restrained the defendants therein named, from removing their offices, records, etc., as will be more fully understood as we proceed with the case.
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Appeal from, Mitchell District Court. Injunction. — The original petition was filed October 16, 1865, the order of the judge allowing the writ, bearing date September 22, 1865. The writ issued on the day the petition was filed and service was accepted, January 1, 1866. Its command restrained the defendants therein named, from removing their offices, records, etc., as will be more fully understood as we proceed with the case. An original notice issued, was placed in the hands of one not an officer, November, 30, 1866, and was served on most of the defendants on the. same date. This notice is…
1Opinion of the CourtWright, J.
i. injunction: petition. Several of the points made by the appellants strike at the sufficiency of the original petition, The amended petition, however, covers the whole ground, was intended to and did take* the place of the original, and we look to it -as a consequence, to determine plaintiff’s right to the relief asked. He had a right to amend; a right to make his claim to relief as clear and perfect as possible, and it is upon the last, and not upon the first petition, he stood in the court below, and stands here, in his appeal to the chancellor.-. Of this there can be no doubt, when it is…
2Cases cited3 opinions
- Cochran v. McClearySupreme Court of Iowa · 1867
- Rice v. SmithSupreme Court of Iowa · 1859
- Seebor v. HessNew York Court of Chancery · 1835
3Cited by15 opinions
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- State Ex Rel. Attorney General v. HustonSupreme Court of Oklahoma · 1910
- Poe v. Sheridan CountyMontana Supreme Court · 1916
- Orchard v. Board of Com'rs of Sierra CountyNew Mexico Supreme Court · 1938
- Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1918
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