Sloanaker v. Howerton
Supreme Court of Iowa
Appeal from Jasper District Court.— Henry Silwold, Judge. Plaintiff brought suit on notes executed by the defendant. An equitable counterclaim being interposed, the cause was transferred to equity, and sent to a referee. He found for the plaintiff.
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Appeal from Jasper District Court.— Henry Silwold, Judge. Plaintiff brought suit on notes executed by the defendant. An equitable counterclaim being interposed, the cause was transferred to equity, and sent to a referee. He found for the plaintiff. The appeal presents exceptions to some of the findings of the referee, a complaint that the referee wrongfully refused to consider a demurrer, a charge that the triai judge was disqualified, and a further complaint that it was error to refuse granting a reasonable time to obtain a translation of the shorthand report of the testimony before the…
1Opinion of the CourtSalinger, J.
1. Pleading: exhibits: division into counts: more specific statements. I. The appellant moved to strike, to divide, and to make more specific the ñled b.f plaintiff. Plaintiff, appellee> brought suit on notes executed by defendant. Defendant interposed equitable counterclaims, which, roughly stated, amount to asserting that the notes had been paid; or, if not paid, that plaintiff had trust funds in his hands which should have been applied to payment and if applied would have effectuated it; and that instead, he has appropriated said trust funds to his own use. An accounting was prayed.…
2Cases cited8 opinions
- State v. SalingSupreme Court of Iowa · 1916
- Barnes v. Century Savings BankSupreme Court of Iowa · 1910
- Mitchell v. BeckSupreme Court of Iowa · 1916
- Johnson v. BerdoSupreme Court of Iowa · 1906
- Enix v. MillerSupreme Court of Iowa · 1880
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3Cited by14 opinions
- Mollring v. MollringSupreme Court of Iowa · 1918
- Conklin v. TowneSupreme Court of Iowa · 1927
- State v. WrageSupreme Court of Iowa · 1979
- Sandell v. Des Moines City Railway Co.Supreme Court of Iowa · 1918
- Hueston v. Preferred Accident InsuranceSupreme Court of Iowa · 1918
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