Chickasaw County v. Pitcher
Supreme Court of Iowa
Appeal from Blackhomk District Cowrt. This action was commenced August 20, 1867, in the Bremer district court, and was afterward, by change of venue, taken to the Blackhawk district court. The suit is based on a contract made by the defendant Pitcher, with the plaintiff, whereby Pitcher agreed to build a bridge across Cedar' river, at Nashau. The other defendants, Shepherd and others, became Pitcher’s sureties for the performance of his contract.
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Appeal from Blackhomk District Cowrt. This action was commenced August 20, 1867, in the Bremer district court, and was afterward, by change of venue, taken to the Blackhawk district court. The suit is based on a contract made by the defendant Pitcher, with the plaintiff, whereby Pitcher agreed to build a bridge across Cedar' river, at Nashau. The other defendants, Shepherd and others, became Pitcher’s sureties for the performance of his contract. The plaintiff paid to Pitcher $4,000, in advance, on his contract, $1,500 of which was in a subscription made by private individuals to aid the…
1Opinion of the CourtCole, J.
1. PARTIES: transCer of cause of action. I. The first error assigned by the defendants is in overruling the motion or application to require Spaulding to be made a party, the right of action having been assigned to him. It would not have been error if the court had sustained the motion; nor was it error to overrule it. Rev. of 1860, § 2794. “No action shall abate by the transfer or assignment of any interest therein during its pendency. * * * In case of any transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom *597the…
2Cases cited1 opinion
- Hershler v. ReynoldsSupreme Court of Iowa · 1867
3Cited by8 opinions
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- Kreuger v. SylvesterSupreme Court of Iowa · 1897
- Reineke v. Commonwealth Insurance Co.North Dakota Supreme Court · 1924
- Smith v. HarringtonWyoming Supreme Court · 1891
- Grimes Savings Bank v. McHargSupreme Court of Iowa · 1933
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