Curry v. Allen
Supreme Court of Iowa
Appeal from ALlamal&ee Circuit Cowrt. This action was commenced in 1878, as an action at law, aided by attachment, to recover of the defendant an alleged balance of $150, claimed to be due the plaintiff on an unsettled partnership account between the parties, growing out of their business in operating a thrashing machine, in the year 1877. An attachment was issued and was levied upon the defendant’s interest in a thrashing machine owned by the parties.
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Appeal from ALlamal&ee Circuit Cowrt. This action was commenced in 1878, as an action at law, aided by attachment, to recover of the defendant an alleged balance of $150, claimed to be due the plaintiff on an unsettled partnership account between the parties, growing out of their business in operating a thrashing machine, in the year 1877. An attachment was issued and was levied upon the defendant’s interest in a thrashing machine owned by the parties. In February, 1878, the cause was transferred to the equity docket, and ordered to be tried on written evidence. After the levy of the…
1Opinion of the CourtDay, J.
1. DEPOSIbefore wrong wttíimit prejudice. I. On the 4th day of October, 1881, a commission was issued to “Olerk of Courts for Butler County, Nebraska” to take the deposition of Elisha Ourry the r J Pontiff in this case. On the 11th day of October, 1881, there was filed in said court the deposition of Elisha Ourry, taken on the commission issued October 4, 1881, by and before “E. B. Taylor, Olerk of the District Oourt of the 4th Judicial District of Nebraska, within and for Butler County, Nebraska.” The defendant moved to suppress this deposition on the ground that it was not taken before the…
2Cases cited2 opinions
- Plummer v. RoadsSupreme Court of Iowa · 1857
- Jones v. SmithSupreme Court of Iowa · 1858