Croft v. Colfax Electric Light & Power Co.
Supreme Court of Iowa
Appeal from Jasper District Court. — IIon. D. Ryan_, Judge. 1 2This action was originally for a mandamus. Plaintiff claims to have purchased certain shares of stock in the Colfax Electric Light & Po-wer Company, previously held in pledge by the Citizens’ State Bank of Colfax, at an execution sale had under a judgment in favor of said bank and against W. P. Cain and W. hi. Bowles.
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Appeal from Jasper District Court. — IIon. D. Ryan_, Judge. 1 2This action was originally for a mandamus. Plaintiff claims to have purchased certain shares of stock in the Colfax Electric Light & Po-wer Company, previously held in pledge by the Citizens’ State Bank of Colfax, at an execution sale had under a judgment in favor of said bank and against W. P. Cain and W. hi. Bowles. The by-laws of the electric light and power company provide that “shares of stock must be transferred upon the books of the corporation by surrendering the certificates to the proper officers for cancellation,…
1Opinion of the CourtWaterman, J.
By motion to strike plaintiff’s amendment making the bank a party defendant; and by the demurrer to the bank’s cross petition, two questions are pre*458seated: (1) Was there error in permitting equitable issues to be set up, and transferring the cause to the equity docket ? (2) Had' the trial court jurisdiction to modify the judgment in this action, or should such relief have been sought in the case in which the judgment was rendered ?
3 On the first proposition, we have to say that the first equitable matter injected into the case was at the instance of interveners, who prayed for a delivery of…
2Cases cited8 opinions
- Blood v. LightCalifornia Supreme Court · 1869
- McCormick Harvesting Machine Co. v. MarkertSupreme Court of Iowa · 1899
- Moore v. Marshalltown Opera-House Co.Supreme Court of Iowa · 1890
- Riddle v. BushTexas Supreme Court · 1864
- Roebuck v. ThorntonSupreme Court of Georgia · 1855
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3Cited by3 opinions
- Goshert v. WirthWashington Supreme Court · 1924
- Baird v. NelsonNorth Dakota Supreme Court · 1931
- Groeltz v. ColeSupreme Court of Iowa · 1905