Legal Opinion

Tank v. Rohweder

Supreme Court of Iowa

Decided May 13, 1896PublishedCited by 14 opinions

Appeal from, Scott District Court — Hon. W. F. Bean-nan, Judge. Action.at law, aided by an attachment, upon four promissory notes. The defendant admitted the execution of the notes, but denied that he was to pay interest on the same, and pleaded a counter-claim for work and labor done, for property sold and delivered, for rent of land, for the wrongful and malicious suing out of the writ of attachment, and for various other matters not necessary to be here mentioned.

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Appeal from, Scott District Court — Hon. W. F. Bean-nan, Judge. Action.at law, aided by an attachment, upon four promissory notes. The defendant admitted the execution of the notes, but denied that he was to pay interest on the same, and pleaded a counter-claim for work and labor done, for property sold and delivered, for rent of land, for the wrongful and malicious suing out of the writ of attachment, and for various other matters not necessary to be here mentioned. And he asked reformation of the notes in suit, and judgment for the amount of his various counter-claims. The plaintiff…

1Opinion of the CourtDeemer, J.

1 To set aside the award of the arbitrators and review the judgment of the court below, the defendant relies upon errors of the arbitrators in refusing to allow certain of the defendant’s items of counter-claim, and of the court, in refusing to set aside the award. It may be well, at the threshold of. the case, to state certain rules of law, applicable to arbitrations, that we may the better apply the facts as they may hereafter appear. The submission seems to have been made under the statute (Code, section 8419); and to entitle a party to have, an award set aside on the ground of mistake or…

2Cases cited11 opinions

  1. Scully v. Scully'sSupreme Court of Iowa · 1870
  2. Allen v. BrysonSupreme Court of Iowa · 1885
  3. Cowan v. MusgraveSupreme Court of Iowa · 1887
  4. Raver v. WebsterSupreme Court of Iowa · 1856
  5. Smith v. JohnsonSupreme Court of Iowa · 1876

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Calkins v. F. W. Woolworth Co.Court of Appeals for the Eighth Circuit · 1928
  2. First National Bank in Cedar Falls v. ClaySupreme Court of Iowa · 1942
  3. Ames Canning Co. v. Dexter Seed Co.Supreme Court of Iowa · 1922
  4. Turner v. Hartford Fire InsuranceSupreme Court of Iowa · 1919
  5. Black v. MillerSupreme Court of Iowa · 1912

9 more not listed; retrieve them via the Exa API.

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