Allen v. Church
Supreme Court of Iowa
This is a proceeding to review the action of the defendant while presiding as the trial judge at the January, 1896, term of the Sac county district, in rendering judgment dismissing a petition filed by plaintiff against one O. W. Cook, after, it is claimed, an appeal had been taken in the case, and the district court had lost jurisdiction.
1Opinion of the CourtDeemer, J.
The facts appear to be that in November, 1895, plaintiff filed a petition in the district court of Sac county, Iowa, in two counts, in which he demanded a judgment against one C. W. Cook, in the sum of one thousand two hundred and fifty dollars, upon two certain written contracts, signed by the parties, with reference to the digging of a well. Cook appeared and filed a motion to strike from the petition all allegations with reference to the reasonable value of the plaintiff’s services, for the reason that the action was based upon a written contract, and not on quantum meruit. This motion was…
2Cases cited12 opinions
- Tiedt v. CarstensenSupreme Court of Iowa · 1883
- Jayne v. DrorbaughSupreme Court of Iowa · 1883
- Stanley v. City of DavenportSupreme Court of Iowa · 1880
- Seiffert & Wiese Lumber Co. v. HartwellSupreme Court of Iowa · 1895
- Richards v. BurdenSupreme Court of Iowa · 1871
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3Cited by23 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
- Manning v. PolingSupreme Court of Iowa · 1900
- In re Estate of AckenSupreme Court of Iowa · 1909
- Aetna Casualty & Surety Co. v. Board of SupervisorsSupreme Court of Virginia · 1933
18 more not listed; retrieve them via the Exa API.