Mahaska County State Bank v. Christ
Supreme Court of Iowa
Appeal from Hamilton District Court. — Hon. J. L. Stevkns, Judge. Aotioh upon a promissory note executed by the defendants to Springer and Williard, and assigned to the plaintiff.
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Appeal from Hamilton District Court. — Hon. J. L. Stevkns, Judge. Aotioh upon a promissory note executed by the defendants to Springer and Williard, and assigned to the plaintiff. The defendants answered that the note was given for part of the price of a stallion named “Bosco,” purchased under a written agreement, set out, whereby Springer and Williard warranted the horse, and alleging a breach of the warranty, the return of the horse, and that plaintiff took the note with full knowledge of the agreement, and of defendant’s right to return the horse. The defendants, by way of an independent…
1Opinion of the CourtGtveh, J.
I. The appellee moves to dismiss the appeal on the ground that no appeal lies from the aptdai/ cross ‘ petition: mo-cLecisi°ns sustaining the motions to strike defendant’s cross-bill. The ruling appealed from is that sustaining the motion to strike the cross-bill as amended, as by amending appellants waived their exceptions to the ruling on the first motion. An appeal may be taken from “ an order made affecting a substantial right in an action, when such order in effect determines the action, and prevents a judgment from which an appeal might be taken.” Code, sec. 3164. If the cross-bill is…
2Cited by6 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
- Eller v. NewellSupreme Court of Iowa · 1913
- Culbertson v. Salinger & BrighamSupreme Court of Iowa · 1906
- Collins v. CooperSupreme Court of Iowa · 1932
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