Legal Opinion

Boone v. Mitchell

Supreme Court of Iowa

Decided December 18, 1871PublishedCited by 4 opinions

Appeal from Floyd District Court. Action upon an allegecj contract for quarrying twenty cords of stone. The plaintiff avers that defendant refused to allow him to complete the contract, and claims damages in the sum of $25. The defendant denies the contract, as stated by plaintiff, and sets up a different contract, which, he claims, the plaintiff has broken, to defendant’s damage in the sum of $40. The plaintiff, by reply, denies the 'defendant’s claim.

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Appeal from Floyd District Court. Action upon an allegecj contract for quarrying twenty cords of stone. The plaintiff avers that defendant refused to allow him to complete the contract, and claims damages in the sum of $25. The defendant denies the contract, as stated by plaintiff, and sets up a different contract, which, he claims, the plaintiff has broken, to defendant’s damage in the sum of $40. The plaintiff, by reply, denies the 'defendant’s claim. The defendant moved for a continuance, which was overruled, and on trial to the court, there was judgment for plaintiff for $23.85. Defendant…

1Opinion of the CourtGole, J.

The only question in this case arises upon the defendant’s motion and affidavit for continuance. The action was commenced, .and issues made on the 7th day of July, 1870; the next regular term of that court was, as fixed by law, on the first Monday of September following. The abstract does not show what action, if any, was taken at that term. At the April term following (1871), the defendant moved a continuance of the cause, upon the fol*46lowing affidavit: “ H. W. Mitcbell, tbe defendant in tbe foregoing action, on oatb, deposes and says: That Clark E. Mitchell, bis son, whose residence is in…

2Cited by4 opinions

  1. Peck v. ParchenSupreme Court of Iowa · 1879
  2. Cerealine Manufacturing Co. v. BickfordIndiana Supreme Court · 1891
  3. State v. LeftwichSupreme Court of Iowa · 1933
  4. Cheney v. McCollochSupreme Court of Iowa · 1897

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