Guth v. Bell
Supreme Court of Iowa
Appeal from Tela District Court. — Hon. P. 3VL Powers, Judge. This is a proceeding commenced by petition for a new trial, filed within one year after rendition of judgment against the defendant; the alleged grounds for new trial being that the testimony of plaintiff as a witness was false and untrue to his knowledge, as shown by his subsequent testimony in another case, and the discovery of new evidence which, if produced on the trial, would have tended to contradict the…
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Appeal from Tela District Court. — Hon. P. 3VL Powers, Judge. This is a proceeding commenced by petition for a new trial, filed within one year after rendition of judgment against the defendant; the alleged grounds for new trial being that the testimony of plaintiff as a witness was false and untrue to his knowledge, as shown by his subsequent testimony in another case, and the discovery of new evidence which, if produced on the trial, would have tended to contradict the testimony of plaintiff as then given. The court, on motion, struck out an amendment to the petition for new trial, on the…
1Opinion of the Court
McClain, I.
On the trial of the action in 1907, judgment was rendered for the plaintiff for the selling price of a car load of stock hogs delivered to defendant in 1902. The defense interposed on the trial was breach of warranty that, first, the hogs' were not afflicted with the disease known as hog cholera; and, second, that said hogs had not been unloaded from the time they were shipped from South Dakota until they were unloaded at Ida Grove; the result of the breach of warranty being that the hogs were of no value on account of their diseased condition when delivered.
From the averments of…
2Cases cited45 opinions
- Graves v. GravesSupreme Court of Iowa · 1906
- Alger v. MerrittSupreme Court of Iowa · 1864
- Lasseter v. SimpsonSupreme Court of Georgia · 1887
- Keeley v. Great Northern Railway Co.Wisconsin Supreme Court · 1909
- Kelly v. CummensSupreme Court of Iowa · 1909
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3Cited by30 opinions
- Maland v. TesdallSupreme Court of Iowa · 1942
- Groves v. GrovesSupreme Court of Iowa · 1957
- Eller v. Paul Revere Ins. Co.Supreme Court of Iowa · 1941
- Murphy v. HahnSupreme Court of Iowa · 1929
- Haman v. PrestonSupreme Court of Iowa · 1919
25 more not listed; retrieve them via the Exa API.