Stevens v. Chance.
Supreme Court of Iowa
Appeal from Ua/rdvn Circwt Oowrt. The petition contains several causes of action against the defendant, Wm. Chance. They are money demands arising upon contracts, and judgment is prayed thereon. It is further averred that in 1875 said Wm.
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Appeal from Ua/rdvn Circwt Oowrt. The petition contains several causes of action against the defendant, Wm. Chance. They are money demands arising upon contracts, and judgment is prayed thereon. It is further averred that in 1875 said Wm. Chance vras the owner of certain real estate situated in Hardin county, that he was then largely indebted to the plaintiff and others, and that he fraudulently, and without consideration, and with intent to put the same beyond the reach of his creditors, conveyed said real estate to the defendant, Joshua Chance, who is his son and a minor; that said Wm.…
1Opinion of the Court
Rothrock, Ch. J.
1. action: misjoinder of causes. I. Section 2630 of the Code provides: “ Causes of action of whatever kind, where each may be prosecuted by the same kind of proceedings, provided they be by the same party, and against the same party in the same rights, and if suit on all may be brought *604and tried in that county, may be joined in the. same petition.” * '* * * * .
Section 26S2 provides: “ The court, at any time before the defense, shall on motion of the defendant strike out of the petition any cause or causes of action improperly joined with others.”
It cannot be denied that the…
2Cited by6 opinions
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
- Faiver v. GillmanSupreme Court of Iowa · 1892
- Ellis v. BruceSupreme Court of Iowa · 1932
- Aplin v. SmithSupreme Court of Iowa · 1924
- Cooper v. EricksonSupreme Court of Iowa · 1931
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