Conyngham v. Smith
Supreme Court of Iowa
• Appeal from Dubuque District Court. The petition, as amended, shows the following facts; Nutter obtained judgment against Ricketts in the District Court of Dubuque county for over $500. Ricketts appealed to the Supreme Court, Smith and others (the present defendants), signing the appeal bond as his sureties. In the appellate court, the judgment below waif affirmed.
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• Appeal from Dubuque District Court. The petition, as amended, shows the following facts; Nutter obtained judgment against Ricketts in the District Court of Dubuque county for over $500. Ricketts appealed to the Supreme Court, Smith and others (the present defendants), signing the appeal bond as his sureties. In the appellate court, the judgment below waif affirmed. After this Nutter, for a valuable consideration, verbally agreed to sell and did sell to one T. W. McMaster said judgment and all moneys coming tbereon, and all his right and interest in and to said bond; and thereafter, in order…
1Opinion of the Court
Weight, Ch. J.
That the court below erred in sustaining this demurrer, “for the reason that plaintiff’s remedy was in equity, and not at law,” we entertain no doubt. Without quoting, we refer to the Revision of 1860, §§ 2608, 2613,2614-2616,2619, and the following cases: Trustees, &c., v. Forrest, 15 B. Monr., 172; Foster v. Watson, 16 Id., 387; Lansdale v. Mitchell, 14 Id., 349; and see, also, Revision of 1860, § 2876, as to causes of demurrer.. Under our system of practice, the different forms of action are abolished. The only form now known is called a “civil action;” and the proceedings…
2Cases cited8 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Green v. HartNew York Supreme Court · 1806
- Jackson ex dem. Barclay v. BlodgetNew York Supreme Court · 1825
- Allen v. NewberrySupreme Court of Iowa · 1859
- Shepard v. FordSupreme Court of Iowa · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Holloway v. GriffithSupreme Court of Iowa · 1871
- Board of Commissioners v. JamesonIndiana Supreme Court · 1882
- Cottle v. ColeSupreme Court of Iowa · 1866
- Fisher v. TrumbauerSupreme Court of Iowa · 1912
- Moore v. LowreySupreme Court of Iowa · 1868
28 more not listed; retrieve them via the Exa API.