Miller v. Felkner
Supreme Court of Iowa
Appeal from Pottawattamie District Court. The petition alleges in substance that, on the 13th clay of September, 1873, S. W. Williams recovered a judgment for the sum of $3,371.66, and costs, and a decree of foreclosure of a mortgage upon lot number one, in block number nine, in Bayliss’ First Addition to the City of Council Bluffs, and an order that so much thereof as might be necessary be sold under special execution to satisfy said judgment.
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Appeal from Pottawattamie District Court. The petition alleges in substance that, on the 13th clay of September, 1873, S. W. Williams recovered a judgment for the sum of $3,371.66, and costs, and a decree of foreclosure of a mortgage upon lot number one, in block number nine, in Bayliss’ First Addition to the City of Council Bluffs, and an order that so much thereof as might be necessary be sold under special execution to satisfy said judgment. That Williams assigned his interest in the judgment to the defendant Felkuer, and on the 5th clay of November, 1873, execution was issued on said…
1Opinion of the CourtDay, J.
1. PRACTICE: demurrer: motion to disolve injunction. 2 _._. -• I. When the cause came on for consideration in the District Court, appellants insisted that the court should first determine the motion to d'is-solve the injunction, upon the ground that it was first filed and had been set down for hearing by the Circuit Court. The court refused to first hear the motion to dissolve the injunction, but took up and determined the demurrer to the answer. Of this action of the court defendants complain. This was a matter purely within the discretion of the nisi pjrius court. Besides, one of the…
2Cited by1 opinion
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