Leach v. Germania Building Ass'n
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. C. M. Waterman, Judge. In an action for partition of certain lots in the city of Clinton, the district court decreed that the plaintiffs were the owners of an undivided two-thirds thereof, and the defendant of the remaining one-third, and, in the adjustment of the equities, allowed for rents and profits up to the time of the trial, September 19,1892. The supreme court, on appeal, so modified this decree as to declare plaintiffs…
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Appeal from Clinton District Court. — Hon. C. M. Waterman, Judge. In an action for partition of certain lots in the city of Clinton, the district court decreed that the plaintiffs were the owners of an undivided two-thirds thereof, and the defendant of the remaining one-third, and, in the adjustment of the equities, allowed for rents and profits up to the time of the trial, September 19,1892. The supreme court, on appeal, so modified this decree as to declare plaintiffs entitled to an undivided four-ninths interest in the lots, and the defendant to the remaining five-ninths thereof. When…
1Opinion of the CourtLadd, J.
— The fact that the case was appealed to the supreme court, and remanded for further proceedings, does not, alone, require the denial of additional relief. Jones v. Clark, 31 Iowa, 497; Fisher v. Holden (Mich.) 47 N. W. Rep. 1063. In such case, however, greater care should be exercised in granting it. Par ties will not be permitted to plead a new cause of action in a supplemental petition. Bank v. Shoemaker (Pa. Sup.) 2 Am. St. Rep. 649, (11 Atl. Rep. 304). And when facts are alleged occurring since the beginning of the action, and there are no new parties, it will be read with the original…
2Cases cited10 opinions
- Leach v. HallSupreme Court of Iowa · 1895
- Hervey v. SaverySupreme Court of Iowa · 1878
- Seevers v. HamiltonSupreme Court of Iowa · 1860
- Straughan v. HallwoodWest Virginia Supreme Court · 1887
- First N. B. of Tamaqua v. ShoemakerSupreme Court of Pennsylvania · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dunton v. McCookSupreme Court of Iowa · 1903
- Hogle v. SmithSupreme Court of Iowa · 1907
- Allen v. City of DavenportSupreme Court of Iowa · 1901
- Wapello State Savings Bank v. ColtonSupreme Court of Iowa · 1909
- Foote v. Burlington Gaslight Co.Supreme Court of Iowa · 1897
5 more not listed; retrieve them via the Exa API.