Holbrook v. Fahey
Supreme Court of Iowa
Appeal from Hoium'd Circuit Court. The plaintiff commenced an action in equity to foreclose a mortgage. At the first term of the court after the filing of the petition the defendant Michael Fahey appeared and filed an answer, in which he pleaded the defense of usury. Upon the filing of the answer the defendant stated orally in open court that he elected to take his evidence by deposition, and asked, as a matter of right, that the cause be continued that he might do so.
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Appeal from Hoium'd Circuit Court. The plaintiff commenced an action in equity to foreclose a mortgage. At the first term of the court after the filing of the petition the defendant Michael Fahey appeared and filed an answer, in which he pleaded the defense of usury. Upon the filing of the answer the defendant stated orally in open court that he elected to take his evidence by deposition, and asked, as a matter of right, that the cause be continued that he might do so. The plaintiff objected to the evidence being taken by deposition, and to the continuance of the cause for that purpose: The…
1Opinion of the CourtRothrock, J.
i. practice : 6([uit(iblo actions:trial, — By chapter 145 of the Acts of the Seventeenth General Assembly, section 2742 of the Code was repealed, and the following enacted in lieu thereof: “Section 2742. But in equitable actions wherein issue of fact is joined all the evidence offered in.the trial shall be taken down in writing, or the court may order the evidence, or any part thereof, to be taken in the form of depositions; or either party, at his pleasure, may take his testimony, or any part thereof, by deposition. All the evidence so taken shall be certified by the judge, in term or…
2Cases cited1 opinion
- Sherwood v. SherwoodSupreme Court of Iowa · 1876
3Cited by5 opinions
- Dumbarton Realty Co. v. EricksonSupreme Court of Iowa · 1909
- Tuttle v. PockertSupreme Court of Iowa · 1910
- Lombard v. ThorpSupreme Court of Iowa · 1886
- Ellwood v. PriceSupreme Court of Iowa · 1887
- Wahlberg v. C. A. Buchwald Lumber Co.Supreme Court of Iowa · 1912