Sheriff v. Hull
Supreme Court of Iowa
Appeal from Wright District Court. Wednesday, October 18. The petition contains four counts. The first and third counts are upon covenants of warranty in two deeds, and the breach assigned in each is delinquent taxes, paid by plaintiff; the second count is for fraudulent representation of the existence of a water power on land sold by defendant to plaintiff; and the fourth is for fraudulent representations as to title in defendant, to land sold and conveyed by quit-claim…
Read the full summary
Appeal from Wright District Court. Wednesday, October 18. The petition contains four counts. The first and third counts are upon covenants of warranty in two deeds, and the breach assigned in each is delinquent taxes, paid by plaintiff; the second count is for fraudulent representation of the existence of a water power on land sold by defendant to plaintiff; and the fourth is for fraudulent representations as to title in defendant, to land sold and conveyed by quit-claim deed by defendant to plaintiff. The answer admitted the breaches assigned and averred tender of amount of taxes paid before…
1Opinion of the CourtCole, J.
1. Deposition. I. The first question presented arises upon the ruling of the court suppressing certain depositions taken by the plaintiff on dedimus or commission, with interrogatories annexed. The evidence on the question shows that the plaintiff was present during the taking of the depositions and as to one or more of the witnesses was active and put questions; and that the defendant was not present.
Our statute enacts (Revision, § 4082): “ Where a deposition is taken upon interrogatories, neither party, nor his agent or attorney, shall be present at the examination of a witness, unless both…
2Cases cited5 opinions
- Hayward v. MungerSupreme Court of Iowa · 1863
- Latterett v. CookSupreme Court of Iowa · 1855
- Guengerich v. SmithSupreme Court of Iowa · 1873
- Nutter v. RickettsSupreme Court of Iowa · 1858
- Barker v. BrinkSupreme Court of Iowa · 1858
3Cited by4 opinions
- Watson v. ChapmanSupreme Court of Iowa · 1952
- Bundy v. WillsNebraska Supreme Court · 1911
- McWhirter v. CrawfordSupreme Court of Iowa · 1897
- Hand v. PhillipsNebraska Supreme Court · 1886