Legal Opinion · Concurrence

Heacock v. Heacock

Supreme Court of Iowa

Decided May 23, 1899Published

Appeal from Plymouth District Court. — HoN. John F. Olivee, Judge. AotioN 'at law to- recover an amount alleged to be due as interest on an instrument in writing. A demurrer to tbe petition was overruled, and, the defendant refusing to plead further, judgment was rendered .in favor of the plaintiff ' for the amount claimed. The defendant appeals.—

1Concurrence

RobiNSON, O. J.

— I do not concur in the opinion of the majority. A careful examination of the cases cited in its support will show, as I believe, that very few of them have *548any application to the question actually presented by the demurrer. Some of them are based upon the common lay/, and some upon modifications of the common law, which differ widely in different states. The changes from the common law are so diverse that, the value of decisions rendered by courts of other states, as aids in interpreting the law of this state, can only be determined when the statutes under which such…

2Cases cited32 opinions

  1. Tillaux v. TillauxCalifornia Supreme Court · 1897
  2. Hanson v. ManleySupreme Court of Iowa · 1887
  3. Blake v. BlakeSupreme Court of Iowa · 1858
  4. Mewhirter v. HattenSupreme Court of Iowa · 1875
  5. Owen v. OwenSupreme Court of Iowa · 1867

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