Legal Opinion

Claussen v. La Franz

Supreme Court of Iowa

Decided June 15, 1855PublishedCited by 6 opinions

Appeal from the Scott District Court. This was an action of right, brought by the plaintiff, as-the guardian of Adolph H. and other minor children of Peter C. Burmeister, deceased, against La Eranz, to recover the possession, and rents and profits, of certain real estate described in the petition.

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Appeal from the Scott District Court. This was an action of right, brought by the plaintiff, as-the guardian of Adolph H. and other minor children of Peter C. Burmeister, deceased, against La Eranz, to recover the possession, and rents and profits, of certain real estate described in the petition. The petition alleges, that the father of said children, in the year 1847, negotiated the purchase of lot four, in block forty, in the city of Davenport,, and paid of the purchase money one hundred dollars; that. he lived in the house situate on said lot, from the time of such purchase until his…

1Opinion of the Court

Woodwakd, J.-

-Some preliminary examination is requisite, to ascertain the attitude of this cause in this court.. The bill' of exceptions which we number four, recites that-the plaintiff' proved' the matters therein set forth, by witnesses therein named, to the number of eight, and concludes-thus: “to all' which testimony, for the purpose of preserving the same of record, the defendant excepts, and prays that his bill of exceptions may be signed and sealed,” &c., and it is signed by the judge. There is no exception to the competency of the witnesses, nor to the admissibility of the testimony.…

2Cases cited4 opinions

  1. Gooch v. AtkinsMassachusetts Supreme Judicial Court · 1817
  2. Harker v. WhitakerSupreme Court of Pennsylvania · 1836
  3. Johnson & Co. v. SpaightSupreme Court of Alabama · 1848
  4. Hawk v. HarmanSupreme Court of Pennsylvania · 1812

3Cited by6 opinions

  1. Holman v. Houston Oil Co. of TexasCourt of Appeals of Texas · 1912
  2. Fleming v. YostIndiana Supreme Court · 1894
  3. Sturdevant v. NorrisSupreme Court of Iowa · 1870
  4. Emerick v. SloanSupreme Court of Iowa · 1864
  5. Lyons v. ThompsonSupreme Court of Iowa · 1864

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