Singer, Nimick & Co. v. Given
Supreme Court of Iowa
Appeal from Polk Circuit Cowrt. The plaintiffs, as judgment creditors of a corporation known as the Des Moines Plow Company, bring this action to recover the amount of their judgment from the defendant, a stockholder in said corporation, and liable thereto, as alleged, for unpaid installments upon his stock, in an amount greater than plaintiff’s judgment.
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Appeal from Polk Circuit Cowrt. The plaintiffs, as judgment creditors of a corporation known as the Des Moines Plow Company, bring this action to recover the amount of their judgment from the defendant, a stockholder in said corporation, and liable thereto, as alleged, for unpaid installments upon his stock, in an amount greater than plaintiff’s judgment. The defendant, for answer, admits that plaintiffs recovered a judgment against the Des Moines Plow Company, and denies all the other allegations in the petition, and alleges, in substance, that said company-agreed to purchase the buildings…
1Opinion of the Court
Day, Ch. J.
1. practice in court^varitionetbo°iate! — I. The petition alleges that the judgment recovered against the Des Moines Plow Company was for the amount of $1,517.23. The judgment introduced in evidence by the plaintiff was for the sum of $1,520.39. The appellant insists that there is a fatal variance between the allegations and proof. No objection seems to have been made to the evidence when offered. If objection had been made, the petition could have been amended so as to avoid the variance. The objection, not having been made at the proper time, is waived. It cannot be urged here…
2Cases cited3 opinions
- Gelpcke, Winslow & Co. v. BlakeSupreme Court of Iowa · 1865
- Bayliss v. SwiftSupreme Court of Iowa · 1875
- Burnham & Van Shaick v. N. W. Ins.Supreme Court of Iowa · 1873
3Cited by10 opinions
- Boulton Carbon Co. v. MillsSupreme Court of Iowa · 1889
- Chrisman-Sawyer Banking Co. ex rel. Simpson v. Independence Wool Manufacturing Co.Supreme Court of Missouri · 1902
- Richardson v. MerrittSupreme Court of Minnesota · 1898
- North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
- Merrill v. TimbrellSupreme Court of Iowa · 1904
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