Pride v. Wormwood
Supreme Court of Iowa
Appeal from Black Hawk District Oourt. On the 15th of October, 1866, these parties entered into an agreement in substance as follows: Plaintiff let to defendant 339 head of sheep to be kept for one year. The sheep were to be well cared for, and plaintiff was to have half the wool and lambs. If any were lost by unavoidable causes, the parties were to make up the same from the lambs.
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Appeal from Black Hawk District Oourt. On the 15th of October, 1866, these parties entered into an agreement in substance as follows: Plaintiff let to defendant 339 head of sheep to be kept for one year. The sheep were to be well cared for, and plaintiff was to have half the wool and lambs. If any were lost by unavoidable causes, the parties were to make up the same from the lambs. If, on the other hand, any died for want of good and sufficient care, the losses were to be made up by tbe defendant, who also undertook to give plaintiff peaceable possession of the sheep on or about the 15th of…
1Opinion of the CourtWeight, J.
*260i. amendment : rule under the statute. *259The verdict and judgment were for the defendant, upon the issues joined, and against the plaint*260iff for costs, taxed at $294.84. In this find- . - . .. ,, . ^ mg, upon this record, there is error, and the judgment must be reversed. It seems to me that, if the practice adopted in this case is to be followed, our system of pleading would become a trap for the feet of the unwary, and that courts would constantly be sacrificing substance to form. The cases are very rare, indeed, where a judge will be justified in instructing a party “ out of court,” for a…
2Cases cited2 opinions
- Seevers v. HamiltonSupreme Court of Iowa · 1860
- Nollen v. WisnerSupreme Court of Iowa · 1860
3Cited by5 opinions
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- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- Emerson & Co. v. ConverseSupreme Court of Iowa · 1898
- Little v. Pottawattamie CountySupreme Court of Iowa · 1904
- Hanson v. ClineSupreme Court of Iowa · 1908