Ames v. Maclay
Supreme Court of Iowa
Appeal from Clinton District Court. Complainant and others were the sureties upon the bond of one McDonald, who was elected Sheriff of Clinton County in 1851. For an alleged non-feasance, Maclay sued on this bond in 1854. The principal and his sureties severed in their defenses. A demurrer of the sureties .in that action to the reply of the plaintiff was overruled, and judgment was rendered against them.
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Appeal from Clinton District Court. Complainant and others were the sureties upon the bond of one McDonald, who was elected Sheriff of Clinton County in 1851. For an alleged non-feasance, Maclay sued on this bond in 1854. The principal and his sureties severed in their defenses. A demurrer of the sureties .in that action to the reply of the plaintiff was overruled, and judgment was rendered against them. On the trial of the issues between Maclay and the Sheriff, the latter succeeded. A motion was made by the sureties to set aside the judgment against them, which, as far as shown by the…
1Opinion of the CourtWright, J.
The judgment upon demurrer against the sureties was rendered on the 4th of March, 1848. The verdict and judgment in favor of McDonald, the principal, was on the 5th of the month.
Respondents resist the relief asked, upon the ground that there was neither accident, mistake, misrepresentation nor fraud, and that chancery has no jurisdiction, although the party has lost his remedy at law through ignorance of a fact which he might have learned with due diligence and inquiry, or by bill of discovery. Penny v. Martin, 4 John. Ch., 566. Or, the same principle may it be stated as in Ballance v.…
2Cases cited4 opinions
- Hubbell v. CarpenterNew York Supreme Court · 1849
- Kriechbaum v. BridgesSupreme Court of Iowa · 1855
- Storms v. ThornNew York Supreme Court · 1848
- Houston v. Wolcott & Co.Supreme Court of Iowa · 1858
3Cited by9 opinions
- Malanaphy v. Fuller & Johnson Mfg. Co.Supreme Court of Iowa · 1904
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Chambers v. CochranSupreme Court of Iowa · 1864
- State v. ParkerSupreme Court of Alabama · 1882
- Baker v. MerriamIndiana Supreme Court · 1884
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