Stanbrough v. Griffin
Supreme Court of Iowa
Appeal-from Wright District Court. The plaintiff commenced his action against the defendants, Ray B. Griffin and Sarah Griffin, to recover judgment upon certain promissory notes, and to foreclose a mortgage given to secure the same. The Delaware County Bank and Betsey Haines were made parties defendant to the action upon the alleged ground that they had liens upon the mortgaged property which were junior and inferior to plaintiff’s mortgage.
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Appeal-from Wright District Court. The plaintiff commenced his action against the defendants, Ray B. Griffin and Sarah Griffin, to recover judgment upon certain promissory notes, and to foreclose a mortgage given to secure the same. The Delaware County Bank and Betsey Haines were made parties defendant to the action upon the alleged ground that they had liens upon the mortgaged property which were junior and inferior to plaintiff’s mortgage. All of the defendants were duly served with an original notice of the suit, and were required to defend before noon of the 12th day of March, 1879. The…
1Opinion of the CourtRothbock, J.
i. juutsdicfederalstatute. We think the case is within the rule of Burch v. The Davenport & St. Paul R. Co., 46 Iowa, 449, and that the order for removal was improperly made. The effect of a removal would be to divide ... _ , . , . _ , . , . the suit into two parts — one to be determined m the state court and the other in the federal court; and, further, it seems to us that under the act of March 3, 1875, which provides for a removal “in any suit of a civil nature in which there shall be a controversy between citizens of different States,” itshould appear that there is a controversy. The…
2Cases cited1 opinion
- Burch v. Davenport & St. Paul R.Supreme Court of Iowa · 1877
3Cited by4 opinions
- Flynn v. Des Moines & St. Louis R'y Co.Supreme Court of Iowa · 1884
- Bosler v. BoogeSupreme Court of Iowa · 1880
- Bailey v. American Cent. Ins.United States Circuit Court · 1881
- Grieve v. GulickHawaii Supreme Court · 1884