State v. Shupe
Supreme Court of Iowa
Appeal from Lucas District Court. The defendant was indicted for perjury, alleged to Have •been committed on the 2d day of April, 1861, in sweating to an affidavit for continuance; the perjury being assigned upon that portion of the affidavit which stated, “ that he, the said Lamor Farnsworth (the witness), was then temporarily absent from the State of Iowa, and was then in the county of Pike, in the State of Illinois.”
Read the full summary
Appeal from Lucas District Court. The defendant was indicted for perjury, alleged to Have •been committed on the 2d day of April, 1861, in sweating to an affidavit for continuance; the perjury being assigned upon that portion of the affidavit which stated, “ that he, the said Lamor Farnsworth (the witness), was then temporarily absent from the State of Iowa, and was then in the county of Pike, in the State of Illinois.” Upon the trial of the case, it was proven that a suit was pending in the District Court of Appanoose county (where said affidavit was made), wherein one Joseph Mincks was…
1Opinion of the CourtCole, J.
It has been decided by this Court, in the case of Games v. Manning, 2 G. Greene, 251, that in order for the maker of a promissory note, payable in property, to discharge himself from his obligation, it was necessary for him to pay or tender, or properly designate or set apart the property at the time and place specified. But if the maker fails to do so, and the payee demands the property after the note becomes due, such demand is a waiver of any previous breach, and gives the maker a second opportunity to deliver or tender, or set apart the property in payment of the obligation. The same…
2Cases cited2 opinions
- Howard v. . SextonNew York Court of Appeals · 1850
- Williams v. TriplettSupreme Court of Iowa · 1856
3Cited by15 opinions
- Goins v. United StatesCourt of Appeals for the Fourth Circuit · 1938
- Yarbrough v. StateSupreme Court of Florida · 1920
- State v. BrownSupreme Court of Iowa · 1905
- Danaher v. United StatesCourt of Appeals for the Eighth Circuit · 1930
- Western Manufacturing Co. v. RogersNebraska Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.