Ryman v. Lynch
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Josiah Given/Judge. Action to foreclose a mortgage. The court refused' to send' the issue arising on a counter-claim interposed by defendant to a jury. Defendant declining to proceed further, the court entered judgment for plaintiff, and defendant appeals.
1Opinion of the CourtGranger, J.
— This is a proceeding in equity to foreclose a mortgage. The defendant pleaded a counterclaim, asking damage against the plaintiff for slander. The court, on motion of the defendant, refused to transfer the case to the law docket, to try the counter-claim to a jury. Afterwards, when, the cause was reached for trial, the defendant demanded a jury for the trial of his counter-claim, which was refused, and these refusals are assigned as error.
The two assignments may be considered together. Appellant claims that the case of Morris v. Merritt, 52 Iowa, 496, is authority for his position. That was…
2Cases cited1 opinion
- Morris v. Merritt & Co.Supreme Court of Iowa · 1879
3Cited by18 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Morrissey v. BroomalNebraska Supreme Court · 1893
- Fisher v. TrumbauerSupreme Court of Iowa · 1912
- Johnston & Son v. RobuckSupreme Court of Iowa · 1898
- Eller v. NewellSupreme Court of Iowa · 1913
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