Henkle v. Holmes
Supreme Court of Iowa
Appeal from Van Burén District > Court. — Hon. T. M. Fee, Judge. The defendants, other than Holmes, are the Farmers’ & Traders’ Bank, of Bonaparte, and F. T. Cramer. The facts, for the purposes of this appeal, may be somewhat abbreviated. The plaintiff sold to the defendant Holmes, eighty acres of land, for the agreed price of three thousand dollars.
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Appeal from Van Burén District > Court. — Hon. T. M. Fee, Judge. The defendants, other than Holmes, are the Farmers’ & Traders’ Bank, of Bonaparte, and F. T. Cramer. The facts, for the purposes of this appeal, may be somewhat abbreviated. The plaintiff sold to the defendant Holmes, eighty acres of land, for the agreed price of three thousand dollars. Of the agreed price, all except two hundred and thirty-eight dollars and fifty-four cents was to be applied to discharge liens on the land; and it has been so applied. This action is to recover the two hundred and thirty-eight dollars and…
1Opinion of the CourtGranger, J.
2 I. A question argued on the appeal by appellant, is as to the correctness of the ruling on the demurrer, and appellees insist that there has been no appeal from that ruling, and reliance is placed on the language of the notice of appeal, in which it is said that “R. F. Henkle had appealed from the judgment and decree entered in the above-entitled cause.” The only judgment entry in the case is that following the final submission of the cause after the agreement as to the facts. In that “chancery decree,” as it is called, the court recites its action on the demurrer, at a previous date, that…
2Cases cited5 opinions
- State Insurance v. WaterhouseSupreme Court of Iowa · 1889
- Arnold v. HawleySupreme Court of Iowa · 1885
- Iowa Union Telephone Co. v. BoylanSupreme Court of Iowa · 1892
- Parsons v. NuttingSupreme Court of Iowa · 1877
- Gerrish v. HuntSupreme Court of Iowa · 1885
3Cited by7 opinions
- Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
- Spencer v. BernsSupreme Court of Iowa · 1901
- Cooley v. BarkerSupreme Court of Iowa · 1904
- Worrall v. H. S. Chase & Co.Supreme Court of Iowa · 1909
- Landberg v. ThomasSupreme Court of Iowa · 1908
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