Purington v. Frank
Supreme Court of Iowa
Appeal from the Muscatine District Court. From tbe record in this case, it appears that Purington brought an action of right against Frank, for certain real estate, situate in Muscatine county. To this action, the defendant answered, setting up, among other things, certain matters of an equitable character. To such portions of the answer, there was a demurrer, which was sustained.
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Appeal from the Muscatine District Court. From tbe record in this case, it appears that Purington brought an action of right against Frank, for certain real estate, situate in Muscatine county. To this action, the defendant answered, setting up, among other things, certain matters of an equitable character. To such portions of the answer, there was a demurrer, which was sustained. The defendant thereupon filed Ms bill in chancery, against the plaintiff, setting up these matters, and asking that the action at law might be enjoined until the determination of the said chancery cause. "While this…
1Opinion of the Court
Wright, C. J.(1) — Appellee claims, that the court has no jurisdiction, from the fact that an order granting a continuance under the circumstances disclosed, is not such a decision or intermediate order, as is contemplated by sections 1555-6 of the Code. We do not stop to determine this question, however, as we see no reason for disturbing the decision of the court below. Causes are to be tried in the order of them commencement, and at the first term thereafter, unless reasonable cause for continuance or change of such order, be shown. In determining such application, much must necessarily be…
2Cited by2 opinions
- In Re Estate of RogersSupreme Court of Iowa · 1939
- Vaughan v. Wayne Circuit JudgeMichigan Supreme Court · 1908