Hackett v. High
Supreme Court of Iowa
Ajpjpealfrom General Term, Hi/nth District (Black Hawk County). Plahttiee claims upon an account for money lent, for work and labor, and for goods sold and delivered. The answer is in denial; to the jurisdiction of the court; avers payment as to part; and pleads a set-off.
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Ajpjpealfrom General Term, Hi/nth District (Black Hawk County). Plahttiee claims upon an account for money lent, for work and labor, and for goods sold and delivered. The answer is in denial; to the jurisdiction of the court; avers payment as to part; and pleads a set-off. Then, in the seventh division of the answer, it is stated that plaintiff and defendant on, etc., entered into partnership; that this continued for, etc.; that all the items contained in plaintiff’s account were partnership property — belonged to the firm, and were received by him, if at all, as a member thereof. It is…
1Opinion of the CourtWright, J.
If this had been a proceeding in the District Court there could be no question as to the correctness of the order of which appellant complains. For under the sixth subdivision of section 2880 (-Rev.), defendant had a right to plead this equitable matter; and then, by section 2617, the right to have the issue thus presented tried in the manner provided for the trial of equitable issues, is very clearly prescribed. And it would be entirely competent for the court to order, indeed good practice would demand, under ordinary circumstances, that such issues should be first tried and settled. This…
2Cases cited1 opinion
- Kramer v. CongerSupreme Court of Iowa · 1864
3Cited by7 opinions
- Morris v. Merritt & Co.Supreme Court of Iowa · 1879
- Tinker v. Farmers State BankSupreme Court of Iowa · 1916
- Tufts v. NorrisSupreme Court of Iowa · 1901
- Walker v. KynettSupreme Court of Iowa · 1871
- Olmstead v. TaylorSupreme Court of Iowa · 1916
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