Bays v. Herring
Supreme Court of Iowa
Appeal from Harrison District Court. The petition states that the defendant, without reasonable or probable cause, filed an information before a justice of the peace charging the plaintiff with having sold and disposed of certain personal property, which had been mortgaged to the defendant, to secure an indebtedness to him which remained unpaid; that said property was sold without the consent of the defendant; that plaintiff was recognized by the justice to appear at the'…
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Appeal from Harrison District Court. The petition states that the defendant, without reasonable or probable cause, filed an information before a justice of the peace charging the plaintiff with having sold and disposed of certain personal property, which had been mortgaged to the defendant, to secure an indebtedness to him which remained unpaid; that said property was sold without the consent of the defendant; that plaintiff was recognized by the justice to appear at the' next term of the District Court, when and where an indictment was found against him; that the defendant was a witness…
1Opinion of the CourtSeevebs, J.
i practiceabsenceofCe: witness. — I. On the 5th day of September, 1878, a motion for a continuance was filed, based on the absence of a witness. The defendant knew on August 31, 1878, that he desired the evidence of the absent witness. The statute requires that such motion must be filed on the second day of the term, “if it is then certain it will have to be made before the trial, and as soon thereafter as it becomes certain it will so need to be made.” Code, § 2752. We are unable to determine from the abstract on what day court commenced, but counsel for the aqopellant state in their…
2Cases cited1 opinion
- Dance v. McBrideSupreme Court of Iowa · 1876
3Cited by20 opinions
- Stone v. Hawkeye Ins.Supreme Court of Iowa · 1886
- Martin v. CorscaddenMontana Supreme Court · 1906
- State v. WrightSupreme Court of North Carolina · 1968
- Welch v. JugenheimerSupreme Court of Iowa · 1881
- Halligan v. Lone Tree Farmers ExchangeSupreme Court of Iowa · 1941
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