Van Gorden v. Ormsby Bros.
Supreme Court of Iowa
Appeal from Palo Alto Ovrouit Gov/rt. The plaintiff filed ber petition in substance alleging that in February, 1880, sbe entered into a written contract witli tbe defendants, Ormsby Bros. & Go., to sell for ber tbe N. E. ¿ of 4, 97, 33, of wliicb plaintiff was tbe owner; that said defendants sold said land for plaintiff, and of tbe proceeds thereof, after deducting their commission, they still bold tbe sum of $640, and have so held tbe same since prior to May 1st, 1880, and…
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Appeal from Palo Alto Ovrouit Gov/rt. The plaintiff filed ber petition in substance alleging that in February, 1880, sbe entered into a written contract witli tbe defendants, Ormsby Bros. & Go., to sell for ber tbe N. E. ¿ of 4, 97, 33, of wliicb plaintiff was tbe owner; that said defendants sold said land for plaintiff, and of tbe proceeds thereof, after deducting their commission, they still bold tbe sum of $640, and have so held tbe same since prior to May 1st, 1880, and that they refuse to pay tbe same to tbe plaintiff. Judgment was asked for $640, with interest from May 1, 1880, and for…
1Opinion of the Court
Day, J".
i practice: l?ghtseoffe1011' 111 ervenor. I. The intervenors appeared in a law action and tendered an equitable issue, and asked that a new party be ma<le to the record. They procured an order transferring the cause to the equity docket, con-tinuing it, requiring the plaintiff to answer their petition within thirty days, and setting the cause down for trial upon depositions as an equitable action. These several rulings are clearly erroneous. Section 2681 of the Code provides : “ The Court shall determine upon the intervention at the same time that the action is decided, and the…
2Cited by10 opinions
- Spanich v. City of LivoniaMichigan Supreme Court · 1959
- Newman v. BullockSupreme Court of Colorado · 1896
- Kauffman v. PhillipsSupreme Court of Iowa · 1912
- Mathews v. Savings Union Bank & Trust Co.California Court of Appeal · 1919
- Cooper v. EricksonSupreme Court of Iowa · 1931
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