Wolmerstadt v. Jacobs
Supreme Court of Iowa
Appeal from Jackson Circuit Court. The plaintiff’s action was at law. The defendant pleaded a general denial and a counter claim — first, for money-loaned, and, second, a promissory note secured by mortgage; and a foreclosure of the latter ivas asked. In a reply, the plaintiff admitted that there was due on the mortgage $105.53; and he asked that the same might be offset against the amount he might recover in his action at law.
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Appeal from Jackson Circuit Court. The plaintiff’s action was at law. The defendant pleaded a general denial and a counter claim — first, for money-loaned, and, second, a promissory note secured by mortgage; and a foreclosure of the latter ivas asked. In a reply, the plaintiff admitted that there was due on the mortgage $105.53; and he asked that the same might be offset against the amount he might recover in his action at law. The plaintiff demanded a jury to try the legal issues, to which the defendant objected, on the ground that an equitable counter claim had been pleaded, and therefore…
1Opinion of the CourtSeevers, J.
1. practice : court record.6 — I. . It is said, the court erred in setting aside the first order and judgment, and in overruling at a subse-
quent day the defendant's motion for judgment on the plea of tender. The statute provides that the court record “is under the control of the court, and may be amended, or any order therein expunged, at any time during the term at which it is made, or before it is signed by the judge.” Code, § 178. Under this section it has been held the court on its own motion may correct its record. Boals v. Shules, 29 Iowa, 507. The court has the power to change the…
2Cases cited3 opinions
- Boals v. ShulesSupreme Court of Iowa · 1870
- Brace v. GradySupreme Court of Iowa · 1873
- Gray v. GrahamSupreme Court of Iowa · 1872
3Cited by10 opinions
- Sim v. RosholtNorth Dakota Supreme Court · 1907
- Streeter v. GleasonSupreme Court of Iowa · 1903
- Todhunter v. De GraffSupreme Court of Iowa · 1914
- Ryan v. Phoenix InsuranceSupreme Court of Iowa · 1927
- McConnell v. AveySupreme Court of Iowa · 1902
5 more not listed; retrieve them via the Exa API.