Legal Opinion

Hardin & Sons v. Iowa Railway & Construction Co.

Supreme Court of Iowa

Decided October 30, 1889PublishedCited by 8 opinions

Appeal from, Hardin District Court. — Hon. S. M. Weaver, Judge. This is an action upon a promissory note executed by the defendant the Iowa Railway and Construction Company to the plaintiffs, and to foreclose certain trust deeds upon real estate, and a chattel mortgage, and to appropriate and foreclose the right of the defendants in certain railroad bonds, all of which are held by the plaintiffs to secure the payment of the note.

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Appeal from, Hardin District Court. — Hon. S. M. Weaver, Judge. This is an action upon a promissory note executed by the defendant the Iowa Railway and Construction Company to the plaintiffs, and to foreclose certain trust deeds upon real estate, and a chattel mortgage, and to appropriate and foreclose the right of the defendants in certain railroad bonds, all of which are held by the plaintiffs to secure the payment of the note. There was a decree for the plaintiffs, from which they appeal, and the defendants also appeal.

1Opinion of the CourtRothrook, J.

i continuance : dencínegugent delay, -I. The appeal of the defendants 'will first be considered. They complain that a motion ^or a continuance made by defendants was improperly and erroneously overruled by the court. This objection, it appears to us, cannot be sustained. The continuance was asked to enable the defendants to take additional evidence. The record shows that the court was authorized in holding that ample time had been given for that purpose.

„ „ „ menu o?ree’ oounsei. II. Next it is claimed that the court erred in suppressing certain depositions of witnesses taken by the…

2Cited by8 opinions

  1. Gribble v. Columbus Brewing Co.California Supreme Court · 1893
  2. Edwards v. Carson Water Co.Nevada Supreme Court · 1893
  3. Singer v. Salt Lake Copper Mn'f'g Co.Utah Supreme Court · 1898
  4. Sheffield Chamber of Commerce, Inc. v. HatchSupreme Court of Alabama · 1930
  5. Council Bluffs Loan & Trust Co. v. JenningsSupreme Court of Iowa · 1890

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