Legal Opinion

Duffy v. Hardy Auto Co.

Supreme Court of Iowa

Decided June 26, 1917PublishedCited by 5 opinions

Appeal from Pocahontas District Court. — D. F. Coyle, Judge. This action was brought originally by plaintiff against defendants for the conversion of an automobile, in which plaintiff demanded $1,250. Defendants answered, and, by cross-petition in equity, asked the foreclosure of a lien on said automobile, for $248.25 for repairs and services on the automobile, furnished by defendant company.

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Appeal from Pocahontas District Court. — D. F. Coyle, Judge. This action was brought originally by plaintiff against defendants for the conversion of an automobile, in which plaintiff demanded $1,250. Defendants answered, and, by cross-petition in equity, asked the foreclosure of a lien on said automobile, for $248.25 for repairs and services on the automobile, furnished by defendant company. At the same time, defendant filed a motion to transfer to equity the equitable issue presented by the cross-petition, in order that the equitable issue might be tried first. Appellant states that, in so…

1Opinion of the CourtPreston, J.

l. triai.: objec«¡peons? fan-effect. 1. First, as to the motion to try the equitable issue first: There is some confusion, and evidently a mistake m the dates, m the abstract m regard to this, and it has not been corrected by the additional abstract. The record is that the case was tried on the merits on January 26, 1916, and that the motion to *747try the equitable issue first was sustained in November, 1916, or about ten months after the case was tried on the cross-petition. The answer and cross-petition were filed in May, 1915, and the motion was filed on the first day of May, 1915; so that we…

2Cases cited5 opinions

  1. J. A. Broom & Son v. S. S. Dale & SonsMississippi Supreme Court · 1915
  2. Ricker v. DavisSupreme Court of Iowa · 1913
  3. Gate City Land Co. v. HeilmanSupreme Court of Iowa · 1890
  4. Fox v. SmithSupreme Court of Georgia · 1915
  5. Aldrich v. JenkinsAppellate Court of Illinois · 1912

3Cited by5 opinions

  1. Acme Hay & Mill Feed Co. v. Metropolitan National BankSupreme Court of Iowa · 1924
  2. Berg v. Kucharo Construction Co.Supreme Court of Iowa · 1946
  3. Fleener v. NugentSupreme Court of Iowa · 1919
  4. Polus v. ConnerIndiana Court of Appeals · 1931
  5. State v. PeckSupreme Court of Iowa · 1940

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