District Township of Grant v. Bulles
Supreme Court of Iowa
Appeal from Franhlin Circuit Cotirt. There are three counts in the petition. There is no material difference between the first and second, and therein it is stated that the defendant was elected and qualified as treasurer of the plaintiff, and that, as such, he received certain money which he failed to account for as provided by law, and that he converted the same to his own use.
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Appeal from Franhlin Circuit Cotirt. There are three counts in the petition. There is no material difference between the first and second, and therein it is stated that the defendant was elected and qualified as treasurer of the plaintiff, and that, as such, he received certain money which he failed to account for as provided by law, and that he converted the same to his own use. The third count states that there were certain disputes and differences between plaintiff and defendant, which were submitted to certain named persons, and that they found that the defendant was indebted to the…
1Opinion of the CourtSeevers, J.
The only error assigned which we deem it necessary to determine is whether the court erred in making a compulsory reference, and this depends on the question whether this is an action at law or in chancery. The third count, which is based on the award, is clearly an action at law. There is not a single element which pertains to the jurisdiction of equity involved in the determination of the issue formed on such count. It is equally clear, we think, that the other issues are such as obtain in actions at law. It is sought, in the first and second counts, to recover for money which the…
2Cases cited1 opinion
- Blair Town Lot & Land Co. v. WalkerSupreme Court of Iowa · 1879
3Cited by7 opinions
- Galusha v. WendtSupreme Court of Iowa · 1901
- Frick v. KabakerSupreme Court of Iowa · 1902
- Berry Seed Company v. HutchingsSupreme Court of Iowa · 1956
- Fleener v. NugentSupreme Court of Iowa · 1919
- Richman v. RichmanSupreme Court of Iowa · 1920
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