Davenport v. Moore
U.S. Circuit Court for the Southern District of Iowa
On Exceptions to Answers. In 1892, defendants Moore and Crooks began, in the District court of Boone county, Iowa, an action at law against plaintiffs herein, for indebtedness alleged to exist for commissions on sale of real estate belonging to above-named plaintiffs.
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On Exceptions to Answers. In 1892, defendants Moore and Crooks began, in the District court of Boone county, Iowa, an action at law against plaintiffs herein, for indebtedness alleged to exist for commissions on sale of real estate belonging to above-named plaintiffs. A writ of attachment issued therein against prcp-'rty of these plaintiffs, who were therein alleged to be nonresidents of the state, and was levied on an 80-acre tract belonging to these plaintiffs in said Boone county. Stieli proceedings were had as that judgment was in said action rendered for $812 and costs, and the land…
1Opinion of the CourtWoolson, District Judge
(after stating the facts as above). For the purpose of the present consideration, the portions of said answers to which exceptions are taken may be considered together. If the position therein taken is correct, this court, at the threshold of this suit, should decline to take any action herein, and dismiss the bill. This court takes judicial notice of the statutes of this state and of the construction thereof by the supreme court of the state. Owings v. Hull, 9 Pet. 607, 625; Bank v. Francklyn, 120 U. S. 747, 751, 7 Sup. Ct. 757; Gormley v. Bunyan, 138 U. S. 623, 635, 11 Sup. Ct. 453. It…
2Cases cited13 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Marshall v. HolmesSupreme Court of the United States · 1891
- Gaines v. FuentesSupreme Court of the United States · 1876
- Graffam v. BurgessSupreme Court of the United States · 1886
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
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3Cited by2 opinions
- Griffith v. Bank of New YorkCourt of Appeals for the Second Circuit · 1945
- McDonald v. SeligmanU.S. Circuit Court for the District of Northern California · 1897